Recent decision ‘reinforces UAE’s position as an arbitration-friendly jurisdiction’

The case concerned whether an arbitration award is valid if not all arbitrators sign every page of the award. The General Assembly examined whether the absence of signatures on some pages affects the validity and enforceability of the award.

On August 4 the Commission for the unification of Local and Federal Judicial Principles, at the headquarters of the Federal Supreme Court in Abu Dhabi, ruled that "the signature of the arbitrators on the final page of the arbitral award are sufficient”, and they are not required to sign all of its pages.

Faisal Attia, an expert in arbitration at Pinsent Masons, said: “The General Assembly affirmed the validity of the arbitration award in question.”

“It established a precedent that arbitration awards do not require signatures on every page to be enforceable under UAE law,” he said.

“This decision aims to streamline arbitration procedures and reduce unnecessary formalities, reinforcing the UAE’s position as an arbitration-friendly jurisdiction, especially convenient for e-signature and digital issuance of awards.”

The Assembly made the decision by interpreting the relevant provisions of the UAE Arbitration Law, before emphasising that the signature requirement is meant to confirm the arbitrators’ agreement on the content and outcome of the award.

It concluded that signing the final page of the award by all arbitrators is sufficient, provided the award clearly reflects their consensus. The absence of signatures on intermediate pages does not invalidate the award if the final page is signed and the award is coherent and complete.

Nour Abi Rached of Pinsent Masons said: “Before this decision, there existed contradicting judgments on this matter in the UAE, and therefore a conflict around this subject.”

“Some panels of the Court of Cassation held that all pages of an arbitration award must be signed by the arbitrators for the award to be valid, while other panels ruled that it is sufficient for arbitrators to sign only the final page,” she said.

“The Commission of the unification of Local and Federal Judicial Principles was solicited on the said case for the purpose of unifying the application of the signature requirement. By its decision of August 4, it put an end to this contradiction and adopted a final position whereby arbitration awards do not require signatures on every page to be enforceable under UAE law, provided the final page is signed and the award is coherent and complete.”