BCDR International Arbitration Review

Volume 1 (2014)

Volume 1 (2014) / Issue 1

'Airmech Dubai LLC v. Maxtel International LLC, Court of Cassation of Dubai, Cassation No. 132/2012 Commercial, 18 September 2012 (English Translation)' (2014) 1 BCDR International Arbitration Review, Issue 1, pp. 129–135

Abstract

"Article 238 of the Code of Civil Procedure provides that international conventions that have become enforceable legislation in the UAE by virtue of ratification shall apply as domestic law in the UAE to disputes concerning the enforcement of foreign court decisions and arbitral awards. The UAE agreed to accede to the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. Therefore, its provisions are applicable to the present dispute."

"The court's supervisory role when looking to recognize and enforce a foreign arbitral award is strictly to ensure that it does not conflict with the Federal Decree under which the UAE acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and satisfies the applicable procedural and substantive requirements of Articles 4 and 5 of the Decree."

"The assumption is that arbitration procedures have been observed and the burden is upon the party alleging otherwise to prove his allegation. Article V of the New York Convention of 1958 places a burden of proof on the respondent who cannot simply deny or contest the documents presented by the claimant."

"The prohibition on agreeing to usurious interest in any type of civil or commercial transaction under Article 409 of the Penal Code, and such agreement being void under Article 714 of the Civil Transactions Law, is limited to dealings between individuals without extending to dealings between individuals and corporate entities which can agree with other corporate entities or individuals to charge conventional interest."

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ISSN: 2352-7374
ID: BCDR2014012