PART 4: PART 4: The Recognition And Enforcement Of Awards
60. Application of this Part(1) This Part 4 applies to:(a) arbitral awards made in arbitrations where the seat of the arbitration is the Abu Dhabi Global Market;(b) New York Convention Awards; and(c) all other arbitral awards which are sought to be recognised and enforced in the Abu Dhabi Global Market, irrespective of the State or jurisdiction in which they are made.(2) For the avoidance of doubt, where the UAE has entered into an applicable treaty for the recognition and enforcement of arbitral awards, that treaty shall apply in the Abu Dhabi Global Market and the Court shall comply with the terms of such treaty. This includes, but is not limited to, the New York Convention.
61. Recognition and enforcement of awards(1) An award within the meaning of subsection 60(1):(1):(a) shall be recognised as binding within the Abu Dhabi Global Market on the persons between whom it was made and may accordingly be relied on by those persons by way of defence, set-off or otherwise in any legal proceedings in the Abu Dhabi Global Market; and(b) shall be enforced within the Abu Dhabi Global Market as if it were a judgment of the Court and all of the Court's powers in respect of the enforcement of judgments shall apply to the enforcement of arbitral awards in the manner prescribed in this Part 4 and any rules made for that purpose.(2) The party seeking the recognition or enforcement of an award within the meaning of subsection 60(1) shall provide to the Court:(a) the original or a duly certified copy of the arbitral award in respect of which enforcement is sought; and(b) a copy of the arbitration agreement pursuant to which that arbitral award was rendered.If the award or the agreement is not made in English, the Court may request the party to provide a translation thereof.(3) Where, upon the application of a party for the recognition or enforcement of an arbitral award, the Court decides that the award shall be recognised or enforced, it shall issue an order to that effect.(4) An order recognising or enforcing an arbitral award shall be issued in English, unless the Court shall determine otherwise. If the Court determines that the order should be issued in another language in addition to English, either language version, in its original or certified copy form, shall constitute sufficient proof of the order for recognition or enforcement.(5) Subject to Article 13 of the ADGM Founding Law, awards recognised by the Court may be enforced outside the Abu Dhabi Global Market in accordance with the applicable legislation in force and recognition under these Regulations includes ratification for the purposes of any such applicable legislation.
62. Grounds for refusing recognition or enforcement(1) Recognition or enforcement of an arbitral award, irrespective of the State or jurisdiction in which it was made, may be refused by the Court only if:(a) the party making the application furnishes proof that:(i) a party to the arbitration agreement was, under the law applicable to it, under some incapacity;(ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made;(iii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case;(iv) the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced;(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or failing such agreement, was not in accordance with the law of the country where the arbitration took place; or(vi) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.(b) the Court finds that:(i) the subject-matter of the difference is not capable of settlement by arbitration under the laws of the Abu Dhabi Global Market; or(ii) the recognition or enforcement of the award would be contrary to the public policy of the UAE.(c) If an application for the setting aside or suspension of an award has been made to a court referred to in subsection (1), the Court may, if it considers it proper, adjourn its decision and may also, on the application of the party seeking recognition or enforcement of the award, order the other party to provide appropriate security.(2) Any party seeking recourse against an arbitral award made in the seat of the Abu Dhabi Global Market shall not be permitted to make an application under subsection (1) if it has made or could have made an application under section 57 of these Regulations.