Challenges and Solutions in Enforcing Foreign Arbitral Awards: A Case Study of the UAE - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Challenges and Solutions in Enforcing Foreign Arbitral Awards: A Case Study of the UAE by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Challenges and Solutions in Enforcing Foreign Arbitral Awards: A Case Study of the UAE 91 1

This paper studies the challenges that are faced in enforcing foreign arbitral awards in the United Arab Emirates (UAE), and develops solutions. UAE is committed to aligning its arbitration system with international arbitration standards such as the New York Convention, but also faces challenges due to the complexities of Sharia principles and local legal frameworks. This study underscores such critical legal, judicial and procedural challenges and cultural barriers as the prohibition of interest (Riba) and Sharia principles. The paper employed a qualitative methodology, conducting in-depth interviews with ten experts in international arbitration. The findings revealed that legislative reforms, such as Federal Law No. 6 of 2018, support and enhance arbitration procedures and enforcement, but practical bottlenecks due to court backlogs and complicated documentation may hinder the process. The paper also highlights the importance of Sharia-compliant agreements and the engagement of local legal expertise to facilitate the arbitral awards, as well as the use of digital tools to further streamline enforcement. The paper recommends future comparative research into arbitration practices in similar jurisdictions as a way to identify best practices. The findings from this research provide actionable insights for lawyers, arbitrators, businesses, and policymakers, and offer practical strategies to empower the UAE’s arbitration environment.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management