Title: The applicability of res judicata and functus officio on enforcing foreign arbitral awards under UAE civil procedural law

Authors: Lafi Daradkeh

Addresses: United Arab Emirates University, Al Ain, Abu Dhabi, UAE

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.

Keywords: res judicata; functus officio; foreign arbitral awards; UAE; civil procedural law; law enforcement; double exequature.

DOI: 10.1504/IJPLAP.2015.071038

International Journal of Public Law and Policy, 2015 Vol.5 No.2, pp.183 - 190

Published online: 05 Aug 2015 *

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