Dubai Arbitration Week 2024 – RAC Event
Date: November 2024 | Role: Delegate & Speaker
Dubai, UAE – November 2024
During the Russian Arbitration Center (RAC) session at Dubai Arbitration Week 2024, Sameer of SK Legal engaged in a significant discussion with H.E. Justice Nabil Omran, Vice President at the Dubai Court of Cassation. The conversation centred on Dubai Court of Cassation Case No. 2024/296 (Commercial Appeal), a matter in which SK Legal played an active role.
This exchange provided a unique opportunity to gain direct insight into the judicial reasoning behind a ruling that has established important legal principles for arbitration in the UAE.
A central focus of the discussion was the challenge of translating legal terms from other jurisdictions that lack direct equivalents in the Arabic language. However, Sameer also emphasised another key takeaway from the judgment: the court’s factual discretion to interpret whether the parties intended to resolve disputes through arbitration, and to define the scope of an arbitration clause.
Legal Principle Established
The judgment affirms that UAE courts have the authority to determine the intent of contracting parties regarding arbitration, provided such discretion is supported by well-reasoned justifications and evidence aligned with the facts of the case.
Sameer noted that this principle will be instrumental for parties facing disputes under contracts containing ambiguously worded arbitration clauses. He further observed that the decision reflects Dubai Courts’ growing expertise in resolving disputes involving contracts drafted in different languages by parties from diverse legal traditions, reinforcing Dubai and the UAE’s role as a global hub for trade and business.
“This case will help parties where contracts contain poorly drafted arbitration clauses.”
