A4 v B4 [2019] ADGMCFI 0007 (08 October 2019)

A4 v B4 [2019] ADGMCFI 0007 (08 October 2019)

The court must recognise and enforce the arbitral award as none of the grounds for refusal under section 57 of the Arbitration Regulations 2015 are satisfied; B4 did not prove invalidity of the arbitration agreement or any public policy ground for refusal.

Citation
[2019] ADGMCFI 0007
Parties
Claimant: A4; Defendant: B4
Jurisdiction
United Arab Emirates
Judgment Date
08 October 2019
Procedural Posture
Application for Recognition and Enforcement of Arbitral Award / Final Judgment at First Instance
Outcome
application for recognition and enforcement granted
Legal Topics
Recognition and Enforcement of Foreign Arbitral Awards, New York Convention, Public Policy Exception, Jurisdiction of ADGM Courts
Arbitration Commercial Law Enforcement of Judgments Recognition and Enforcement of Foreign Arbitral Awards New York Convention Public Policy Exception Jurisdiction of ADGM Courts

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Parties

A4

Claimant

B4

Defendant

Procedural Posture

Application for Recognition and Enforcement of Arbitral Award / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the arbitral award should be recognised and enforced under the Arbitration Regulations 2015 and the New York Convention
  2. 2 Whether the arbitration agreement was valid
  3. 3 Whether recognition or enforcement would be contrary to the public policy of the UAE

Ratio Decidendi

The court must recognise and enforce the arbitral award as none of the grounds for refusal under section 57 of the Arbitration Regulations 2015 are satisfied; B4 did not prove invalidity of the arbitration agreement or any public policy ground for refusal.

Court Disposition

application for recognition and enforcement granted

Orders

  • The LCIA award dated 14 November 2018 is recognised as binding and enforced as a judgment of the ADGM Court of First Instance.
  • B4 to pay A4 US$522,782.48 with interest at 8.75% per annum from 14 November 2018 until payment.