The applicability of res judicata and functus officio on enforcing foreign arbitral awards under UAE civil procedural law
by Lafi Daradkeh
International Journal of Public Law and Policy (IJPLAP), Vol. 5, No. 2, 2015

Abstract: The applicability of res judicata and functus officio under UAE civil procedural law is provided by Articles (235 and 236) of the said law. The winning party in order to enforce foreign arbitral award according to these rules has to provide evidence that the award is enforceable, res judicata, and functus officio under the law of the state where the award is made. This requirement amounts, in practice, to obtaining leave for enforcement from the country in which an award was made. This requirement creates the problem of double exequature and to avoid this problem this article suggests judicial as well as legislative solution.

Online publication date: Fri, 07-Aug-2015

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Public Law and Policy (IJPLAP):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com