The Dubai Court of Cassation recently confirmed that arbitral tribunals seated in Dubai have the authority under Article 21 of the UAE Arbitration Law to issue interim or precautionary measures, and that such measures fall under the exclusive power of those tribunals to vacate or amend them. As Roma Patel explains, this case reaffirms the independence of the arbitral tribunal in managing its own procedures.
Introduction
Interim or provisional measures are temporary measures granted by arbitral tribunals or courts to prevent harm, preserve the status quo, or stop a party dispensing of or moving its assets before a final award is issued. The measures aid in preserving, safeguarding and maintaining the integrity of the arbitral or court process. This interim relief is an “indispensable tool”[1] in the arbitration process, as it prevents a party from acting in a manner that could compromise the enforcement of the final award or judgment.
Recent developments
Court of Appeal
On 28 April 2025, the Dubai Court of Appeal (in Case No. 8 of 2025) issued a decision to annul an interim award granted by an International Chamber of Commerce arbitral tribunal (the “ICC Tribunal”) seated in Dubai.
During the course of the arbitral proceedings, the ICC Tribunal issued an anti-suit injunction preventing a party from filing proceedings in the UAE Courts in respect of matters governed by the arbitration agreement. Following its issuance, the party applied to the court challenging the award, submitting that the anti-suit injunction was not a valid interim or precautionary measure under Article 21 of Federal Law No. 6 of 2018 (the “UAE Arbitration Law”).
The Court of Appeal annulled the ICC Tribunal’s award, holding that arbitration proceedings cannot prohibit a party’s right to access the courts unless expressly permitted by law. Accordingly, such an anti‑suit injunction was not a valid interim measure under the UAE Arbitration Law.
Court of Cassation
On 3 July 2025, the Dubai Court of Cassation issued a decision by way of Case No. 657 of 2025, reversing the judgment of the Court of Appeal. In considering whether an arbitral tribunal seated in the UAE has the power under the UAE Arbitration Law to issue an anti‑suit injunction; and whether the courts may annul such an interim order while an arbitration is ongoing. The Court of Cassation held that under Article 21 of the UAE Arbitration Law arbitral tribunals are empowered to issue interim or precautionary measures during the course of an arbitration, and have the exclusive authority to vacate or amend those interim measures. Accordingly, the Court of Cassation determined that the Court of Appeal had erred in exercising jurisdiction to annul the ICC Tribunal’s anti-suit injunction.
Impact and practical implications of the judgment
This decision is significant in reaffirming the independence of the arbitral tribunal in respect of managing its own procedures, including clarifying that arbitral tribunals seated in the UAE have authority under Article 21 of the UAE Arbitration Law to issue interim measures – an authority which is exclusive to the arbitral tribunal.
Finally, it can be inferred from the judgment that parties seeking to prevent parallel court proceedings may now have greater support to apply for anti-suit injunctions where necessary, or other interim measures such as making an application to prevent a party from moving or disposing of its assets prior to the issuance of a final arbitral award.
Conclusion
The Dubai Court of Cassation’s decision in Case No. 657 of 2025 marks a landmark ruling in UAE arbitration law. It confirms that arbitral tribunals seated in Dubai have the power under Article 21 of the UAE Arbitration Law to issue anti‑suit injunctions as interim or precautionary measures, and that such measures fall under the exclusive authority of those tribunals to vacate or amend them.
For businesses, legal counsel and arbitration practitioners, this provides greater certainty that interim orders issued during the course of arbitral proceedings will generally enjoy protection from judicial interference. It enhances the UAE’s appeal as a venue for arbitration and continues the trend of greater prominence being given to arbitration in the UAE dispute resolution landscape.
[1] Gary B Born, ‘Provisional Relief in International Arbitration’ in International Commercial Arbitration (3rd edition, Kluwer Law International, 2020, updated Dec. 2023) ch. 17, s.17.01.