Civil Cassation: Annulment of an Arbitration Award Through a Substantive Enforcement Dispute

Judgment summary

This case involves a dispute over the enforcement of an arbitration award from the Emirates Sports Arbitration Centre. The appellant challenged the award by filing a substantive enforcement dispute, arguing it was invalid on several grounds. The lower courts dismissed the challenge, stating it affected the finality of the award. The Dubai Court of Cassation, however, overturned this decision. It referenced a binding precedent from its General Assembly (Appeal No. 1 of 2025), which established that the enforcement judge is indeed competent to examine the validity of arbitration awards from the Sports Centre. The court found that the lower court erred by refusing to review the appellant's claims of invalidity. Consequently, the Court of Cassation quashed the appealed judgment and referred the case back to the Court of Appeal for a new ruling on the merits of the invalidity claims.