Member Article

A Q&A guide to dispute resolution law in the United Arab Emirates.

The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals.

Main dispute resolution methods

1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes?

Commercial disputes in the United Arab Emirates (UAE) are generally resolved through litigation in the courts or arbitration. Arbitration is becoming an increasingly popular way to resolve disputes. The UAE recently acceded to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) and the UAE courts have started enforcing foreign arbitral awards.

General overview and court structure

The UAE is a federation of seven Emirates. All member Emirates, except for Dubai and Ras Al Kaimah, are part of a federal judicial system. Dubai and Ras Al Kaimah have independent judicial systems. In every Emirate, the court system consists of the:

• Court of First Instance.

• Court of Appeal.

• Court of Cassation (however, Ras Al Khaimah does not have a Court of Cassation).

The legal system

The legal system in the UAE is based on the Constitution of the United Arab Emirates 1971 (Constitution). The federation has sovereignty in all matters assigned to it under the Constitution. The individual member Emirates have sovereignty over their own territories in all matters not in the exclusive jurisdiction of the federation, as set out in the Constitution.

In addition, each Emirate has a hereditary ruler who exercises considerable sovereignty over his own Emirate. The seven rulers, as members of the Supreme Council, collectively exercise sovereignty over the UAE.

The civil law system and the Sharia are the main sources of legislation (Constitution).