INTADR
1 Contributions by INTADR Experts
PRACTICE NOTES
Introduction
This practice note reviews the ‘Without Prejudice’ (WP) principle under the onshore civil law of the United Arab Emirates (‘UAE’), its policy foundations, and its application in Dubai‑seated arbitration, in light of the recent Dubai Court of Cassation Case (DCC Case) No. 486/2024. The WP doctrine traces its lineage to English common law. Among the leading authorities on WP in correspondence, the UK Court of Appeal’s decision in Walker v Wilsher (1889) 23 QBD 335 affirmed a stringent approach to WP in the nineteenth century. Concerned that the very aim of the limitation might be defeated, the Appeal Court agreed it would be ill‑advised for courts to admit as evidence the conduct of litigants contained in letters written without prejudice. At that time, there was no exception regarding costs. The formulation ‘without prejudice save as to costs’ arose much later, in the 1975
Arbitration
If you expected to see yourself on this page, click here.
