2018年第6号阿联酋联邦仲裁法(UAE Federal Arbitration Law No. 6 of 2018)对仲裁程序和裁决执行作出了很多新的规定,废除了《阿联酋民事诉讼法 》的仲裁章节第203-218条。2019年2月生效的阿联酋第57号内阁决议民事诉讼法修正案废除了《阿联酋民事诉讼法 》有关仲裁执行的条款(235 - 238 条)。
根据《阿联酋联邦仲裁法》,任何执行仲裁裁决的强制执行申请现在可以直接提交阿联酋上诉法院(Court of Appeal),该法院应在提交仲裁裁决之日起60天内发出强制执行令,除非被申请方能够证明存在《联邦仲裁法》第53条规定的无效理由。
提请仲裁裁决执行所需文件
1.he original award or a certified copy thereof;
2.a copy of the Arbitration Agreement;
3.an Arabic translation of the arbitral award, attested by a competent authority, if the award is not issued in Arabic; and
4.a copy of the minutes of deposit of the award in court.
An enforcement order shall be applied for under a petition submitted by a concerned party to the Execution Judge who should issue his order within maximum three days from the date of filing of the petition. Such order may be appealed pursuant to the same rules and procedures as filing an appeal from judgments. Enforcement may not be ordered until the following has been verified:
That the UAE courts do not have exclusive jurisdiction in the dispute in which the judgment has been given or the order made, and that the foreign courts which issued it have jurisdiction therein under the international rules for legal jurisdiction prescribed in their laws;
That the judgment or order has been issued by a court having jurisdiction under the law of the country in which it was issued, and is duly attested;
That the opposing parties in the case in which the judgment was given were summoned to appear and duly appeared;
That the judgment or order has acquired the force of a res judicata under the law of the court which issued it, and to submit a certificate stating that the judgment has acquired the force of a res judicata or the judgment itself provides for the same;