By Mohamed Ghanem
Lawyer I LLM I Lecturer I Speaker I DIAC Arbitrator
September 25, 2024
The Dubai Court of Cassation today reaffirmed the possibility of correcting formal errors in arbitration awards, particularly relating to the “arbitrator’s signature.” In Case No. 403 of 2020, the court ruled that an arbitrator’s signature on the award is the essential proof of the arbitrator’s participation, and without it, the award is rendered null and void. This decision was based on Article 41(3) of the UAE Arbitration Law No. 6 of 2018, which mandates the arbitrator’s signature as a procedural requirement for enforcing arbitration awards. The court held that this nullity is tied to public order, and under the 1958 New York Convention, enforcement must follow the local laws where enforcement is sought.
In the original case, an appeal was filed against the enforcement of a foreign arbitration award, as the arbitrator had not signed all pages of the award. However, the company that obtained the award managed to secure the arbitrator’s signature on all necessary pages and successfully submitted a new petition for enforcement. This correction led the court to reverse its previous ruling and, in Case No. 225 of 2023, on 07/03/2024, ruled that formal defects could be corrected under Article 54(6) of the UAE Arbitration Law.
The court emphasized that the rejection of enforcement due to non-compliance was temporary, and after correcting the signature issue, the company was allowed to submit a new request. The Court of Cassation’s final ruling on 25/09/2024 in Case No. 188 of 2024 held that the correction of the arbitrator’s signature defect made the previous nullity ruling obsolete, affirming the enforceability of the corrected arbitration award.
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