United Arab Emirates - Arbitration Law and Practice in the Middle East - Second Edition
Originally from Arbitration Law and Practice in the Middle East - Second Edition
I. INTRODUCTION: ARBITRATION IN THE UNITED ARAB EMIRATES—HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Brief historical evolution of law relating to arbitration.
The United Arab Emirates (the “UAE”) is a federation of seven Islamic Emirates, which was established in 1971. All of the Emirates, with the exception of Dubai and Ras al Khaimah that have retained their own courts, form part of the federal judicial system. The UAE operates under a civil law system. The civil court system in the UAE consists of three tiers:
(a) Court of First Instance;
(b) Court of Appeal; and
(c) Court of Cassation.
The Court of Cassation is the highest court of appeal, where five judges sit in final determination, and its decisions are final in all matters of litigation.
The legal system in the UAE is founded in its Constitution. The Constitution provides, in Article 6 that the “Shari’a is the main source of legislation.” The Sharia is derived from two main sources, that is, the Quran and the Sunnah.
The Islamic faith plays a central role in all aspects of life in the Middle East including its legal system. It was on this basis, that Sharia law was given a constitutional imperative and a central place in the UAE’s legal system.
Arbitration is not regarded as inconsistent with Sharia Law and it appears that arbitration in some form or another was used to resolve disputes in the early days of the Middle East.