Nancy Kapoor
Nancy is a New York-qualified lawyer within the Middle East dispute resolution and international arbitration team. She specialises in general commercial litigation and construction disputes.
Nancy is familiar with the substantive laws and legal procedures in relation to a number of jurisdictions, court systems and arbitral institutions throughout the Middle East region, including the United Arab Emirates, Sultanate of Oman, Hashemite Kingdom of Jordan and the Kingdom of Saudi Arabia.
She has also worked on high-profile white-collar crime and corporate investigation matters.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2019
Qualification
- 2.1 (2010 - 2013)
Education
- University of Warwick (2010 - 2013)
2 Contributions by Nancy Kapoor
PRACTICE NOTES
Enforcing Arbitral Awards in the United Arab Emirates: Domestic and Foreign Awards, New York Convention, Procedures, Defences, and Routes via DIFC and ADGM
UAE Federal Arbitration Law
Businesses operating in the UAE frequently choose international arbitration as their preferred route for settling contractual disagreements. On 3 May 2018, the UAE introduced Federal Law No 6 of 2018 on Arbitration, later revised by Federal Decree-Law No 15 of 2023 (the ‘UAE Federal Arbitration Law’). Taking effect on 16 June 2018, this statute is the first dedicated arbitration law and it abrogates Articles 203–218 of the UAE Civil Procedures Law (Federal Law No 11 of 1992), which had until then regulated arbitrations with a UAE seat. The UAE Federal Arbitration Law governs all domestic arbitrations seated in the UAE (excluding those seated in the Dubai International Finance Centre (DIFC) and the Abu Dhabi Global Market (ADGM), which are exempt-free zones), new arbitrations with a UAE seat unless the parties decide otherwise, and international commercial arbitrations where the parties have agreed that the UAE Federal Arbitration Law will apply, including disputes arising from arbitration agreements concluded before the law came into force. It operates prospectively and, where the parties so agree, in relation to earlier arbitration agreements as well. Although the UAE is broadly supportive of arbitration and continues to promulgate legislation in its support, there...
Arbitration
PRACTICE NOTES
Interim and injunctive relief in UAE arbitration and courts: Federal Arbitration Law 2018, DIFC injunctions, DIAC/ADCCAC measures, and onshore enforcement
Interim remedies and arbitration in the UAE
Interim remedies in the UAE are, as a rule, harder to secure than in jurisdictions such as England and Wales or the United States. Local UAE courts typically do not recognise injunctions or similar forms of interim relief, save for limited exceptions. In contrast, the Dubai International Financial Centre (DIFC) courts apply common law principles, so are more inclined to grant interim measures and have authority to make a wider range of orders. The tests the DIFC courts use when deciding whether to award an injunction will be familiar to lawyers from common law backgrounds. While this may reassure contracting parties choosing a DIFC courts jurisdiction clause, an interim order issued by the DIFC will be immediately effective only against assets, persons, or property located within the DIFC special economic zone. A claimant may then face difficulties enforcing that order against onshore assets through the UAE courts, particularly where the form of relief is not recognised by the UAE courts. On 3 May 2018, the UAE enacted Federal Law No 6 of 2018 on Arbitration (the ‘UAE Federal Arbitration Law’). The UAE...
Arbitration
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