PART 27 PART 27 — Arbitration
231. Arbitration Claims(1) In this Rule "arbitration claim" means —(a) any application to the Court under the Arbitration Regulations;(b) a claim to determine whether there is a valid arbitration agreement, whether an arbitration tribunal is properly constituted or what matters have been submitted to arbitration in accordance with an arbitration agreement;(c) a claim to declare that an award by an arbitral tribunal is not binding on a party; and(d) any other application affecting arbitration proceedings (whether started or not) or an arbitration agreement.(2) An arbitration claim must be started by the issue of an arbitration claim form in accordance with the Rule 30 procedure, which must include such matters and statements as are set out in the relevant practice direction.(3) Unless the Court orders otherwise, an arbitration claim form must be served on the defendant within 1 month from the date of issue.(4) The directions as to case management set out in the relevant practice direction apply, unless the Court orders otherwise.(5) All arbitration claims are to be heard in closed court unless the Court orders otherwise under section 30(4) of the Regulations.
232. Enforcement(1) An application under section 56 of the Arbitration Regulations to enforce an award in the same manner as a judgment or order, other than by a claim on the award, may be made without notice in an arbitration claim form.(2) The Court may specify parties to the arbitration on whom the arbitration claim form must be served.(3) The parties on whom the arbitration claim form is served must acknowledge service and the enforcement proceedings will continue as if they were an arbitration claim.(4) The arbitration claim form may be served out of the jurisdiction or the Emirate without the Court's permission irrespective of where the award is, or is treated as, made.(5) Where the applicant applies to enforce an award on agreed terms within the meaning of section 48 of the Arbitration Regulations, the arbitration claim form must state that the award is an agreed award and any order made by the Court must also contain such a statement.
Amended on December 11, 2017
233. Evidence(1) An application for enforcement under Rule 232 must be supported by written evidence exhibiting the documents required by the relevant practice direction.(2) The application must also state the name and usual or last known place of residence or business of the claimant and of the person against whom it is sought to enforce the award, and either that the award has not been complied with or the extent to which it has not been complied with at the date of the application.(3) Where a body corporate is a party, any reference in this Rule to a place of residence or business shall have effect as if the reference were to the registered or principal address of the body corporate.
Amended on June 1, 2017
234. Orders for permission to enforce(1) An order giving permission to enforce an award under this Rule must be drawn up by the claimant and served on the defendant in accordance with Part 4 of these Rules.(2) The order may be served out of the jurisdiction without permission as if the order were an arbitration claim form.(3) Within 14 days after service of the order or, if the order is to be served out of the jurisdiction, within such other period as the Court may set the defendant may apply to set aside the order and the award must not be enforced until after the end of that period or any application made by the defendant within that period has been finally disposed of.(4) The order must contain a statement of the right to make an application to set the order aside and the restriction on enforcement under paragraph (3).
235. Enforcement of an award of interest(1) Where an applicant seeks to enforce an award of interest the whole or any part of which relates to a period after the date of the award, he must file a statement giving the particulars set out in the relevant practice direction.(2) A statement under paragraph (1) must be filed whenever the amount of interest has been quantified for the purpose of obtaining a judgment or order under section 55 of the Arbitration Regulations or enforcing such a judgment or order.
236. Registration in Court of First Instance of foreign awards(1) Where an award is made in proceedings on an arbitration in any territory to which sections 169 to 174 of the Regulations extend and has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, the Rules in Part 29 apply in relation to the award as they apply in relation to a judgment given by the Court, subject to paragraph (2).(2) The written evidence required by Rule 233(1) must state, in addition to the matters required by that rule, that to the best of the information or belief of the maker of the statement the award has, under the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.