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The Oath Requirement in UAE Arbitration: Recent Court Decisions and Future Implications
The Oath Requirement in UAE Arbitration: Recent Court Decisions and Future Implications
Introduction:
The topic of witness oath requirements in UAE arbitration has been a subject of discussion, with recent court decisions shedding light on the current stance of UAE courts. This article delves into the evolution of this requirement, recent court rulings, and its implications for arbitration practice in the UAE.
Legislation: Past and Present:
Traditionally, Article 211 of the Federal Civil Procedures Law mandated witnesses to take an oath in arbitration proceedings in the UAE. Failure to administer the oath could result in the nullification of awards. However, with the repeal of Article 211 and the enactment of the UAE Arbitration Law in 2018, the explicit requirement for witness oaths was omitted. Article 33(7) of the UAE Arbitration Law defers to the laws of the country regarding witness testimony, without specifying an oath requirement.
Recent Court Decisions:
Recent judicial interpretations of witness oath requirements in UAE arbitration have been influenced by court decisions. In the Dubai Court of Cassation No. 1406/2023, the Court of Appeal annulled an award due to the absence of witness oaths, citing DIAC Rules 2007. However, the Court of Cassation overturned this decision, highlighting the discrepancy between witness and tribunal-appointed expert oaths under the DIAC Rules. Similarly, in the Dubai Court of Cassation No. 96/2022, an award was annulled for failing to administer oaths as mandated by institutional rules.
Implications and Future Directions:
While recent court decisions demonstrate respect for institutional rules governing witness oaths, the broader requirement for witness oaths in the UAE arbitration remains uncertain. Nevertheless, these rulings suggest a trend towards honoring arbitration rules agreed upon by parties, rather than imposing formalities derived from litigation procedures. Looking ahead, arbitrators may have discretion, in consultation with parties, to evaluate the necessity of witness oaths based on institutional rules and the nature of the dispute.
Conclusion:
The debate surrounding witness oath requirements in UAE arbitration continues to evolve, with recent court decisions providing clarity on the importance of respecting institutional rules. Despite the absence of an explicit requirement for witness oaths in legislation, parties should remain cognizant of institutional rules governing arbitration procedures. Ultimately, the emphasis should be on facilitating efficient and effective arbitration proceedings, devoid of unnecessary formalities. As the landscape of arbitration practice evolves in the UAE, continued judicial guidance and adherence to institutional rules will be essential for ensuring the integrity and fairness of arbitration proceedings.
Written by: Trupti Shetty
Supervised by: Adv. Kalyan Khrishna Bandaru
- Article 211 of the Federal Civil Procedures Law mandated witnesses to take an oath in arbitration proceedings in the UAE.
- Recent judicial interpretations of witness oath requirements in UAE arbitration have been influenced by court decisions.
- While recent court decisions demonstrate a respect for institutional rules governing witness oaths, the broader requirement for witness oaths in UAE arbitration remains uncertain.
