Confirmation of Arbitral Awards in Emirati Civil Procedures Law Analytical Comparative Study with the Kuwaiti Law

Parties to a dispute do refer to arbitration to have their disputes resolved. This is due to the fact that arbitration achieves more than one advantage to the parties such as speediness and confidentiality. Arbitrators, who are ordinary people as a general rule, deliver a judgment on the case. This judgment (the arbitral award) has no value if not respected and enforced. Both the Emirati and the Kuwaiti laws state that the arbitrators' delivered judgment (the award) is not eligible for enforcement unless confirmed by a court of law. This article analyses, examines and assesses the requirements and steps that must be met and followed in order to confirm the arbitrators' delivered award, both in the Emirati and the Kuwaiti laws. However, the article adopts more than one recommendation concerning the matters it addresses.

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Publication Details

Journal
مجلة الحقوق.
Published
2024-10-02
DOI
https://doi.org/10.34120/jol.v41i1.3247
Primary Topic
International Arbitration and Investment Law
Type
article
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article

Confirmation of Arbitral Awards in Emirati Civil Procedures Law Analytical Comparative Study with the Kuwaiti Law

Bakr A. F. Al-Serhan
مجلة الحقوق.
International Arbitration and Investment Law
article

Confirmation of Arbitral Awards in Emirati Civil Procedures Law Analytical Comparative Study with the Kuwaiti Law

Bakr A. F. Al-Serhan
article en

Abstract

Parties to a dispute do refer to arbitration to have their disputes resolved. This is due to the fact that arbitration achieves more than one advantage to the parties such as speediness and confidentiality. Arbitrators, who are ordinary people as a general rule, deliver a judgment on the case. This judgment (the arbitral award) has no value if not respected and enforced. Both the Emirati and the Kuwaiti laws state that the arbitrators' delivered judgment (the award) is not eligible for enforcement unless confirmed by a court of law. This article analyses, examines and assesses the requirements and steps that must be met and followed in order to confirm the arbitrators' delivered award, both in the Emirati and the Kuwaiti laws. However, the article adopts more than one recommendation concerning the matters it addresses.

مجلة الحقوق.Vol. 41(1)
University of Sharjah (AE)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
International Arbitration and Investment Law
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