Jurisdiction(s):
United Kingdom

Dubai court recognises Paris-seated ICC award against non-signatory: UAE shift on signature formalities and successors (Usine Pingouin v Unilever Gulf, 2024)

Published on: 12 September 2024

Published by a LexisNexis Arbitration expert

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Article summary

Usine Pingouin SA v Unilever Case 67/2024/69 What are the practical implications of this case?

This ruling signals a shift in the UAE judiciary’s stance on the enforcement of foreign-seated arbitral awards, particularly those falling under the New York Convention, notably. Historically, UAE courts insisted on exacting formalities around the execution of arbitral awards, and such rigidity often obstructed enforcement. In contrast, the Dubai First Instance Tribunal in this matter permitted recognition of the award in the UAE even though the arbitrators’ signatures appeared on a distinct signature sheet. This judgment thus reflects a broader transition on the UAE mainland towards a more arbitration-supportive posture by the courts. In addition, the decision illustrates the present judicial attitude in the UAE mainland to compelling arbitration agreements against parties who did not sign them. The court declined to refuse enforcement merely because the successor to the original contracting party that signed the arbitration clause was argued not to be wholly bound by it...

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