The enforceability of electronic arbitration agreements before the DIFC Courts and Dubai Courts

Abstract

Relying on modern technology to conclude arbitration agreements might raise some issues regarding the enforceability and formal requirements of the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (New York Convention or Convention), with special reference to Article II. This article Omar Husain Qouteshat and Kamal Jamal Alawamleh highlight the formal requirements and the legal issues of enforcing electronic arbitration agreements in accordance with the provisions of the Convention; analyses the ability to solve this issue in the Dubai courts and the Dubai International Financial Centre Courts (DIFC Courts) by examining possible solutions to enforce electronic arbitration agreements based on these provisions, including relying on electronic signature, interpreting Article II of the Convention broadly, and applying the principle of the most-favourable-law. It suggests possible solutions based on the principle of the most-favourable-law before the Dubai and DIFC Courts.

Index words: United Arab Emirates; Dubai; electronic contracts; arbitration; e-commerce; enforcement; arbitration agreements