13 Digital Evidence & Elec. Signature L. Rev. 97 (2016)
Challenges of Authentication and Certification of E-Awards in Dubai and before the Dubai International Financial Centre Courts: The Electronic Signature

handle is hein.journals/digiteeslr13 and id is 97 raw text is: 




















This article evaluates whether an electronic signature
is sufficient to fulfil the authentication requirement
stated under the Convention on the Recognition and
Enforcement  of Foreign Arbitral Awards (New York,
1958) (NYC) article IV(1)(a) before the Dubai and
Dubai International Financial Centre (DIFC) courts.
Dubai is one of the few countries with two
jurisdictions in one country. The party who is seeking
the enforcement  of the award in Dubai may enforce it
before the Dubai or the DIFC courts, so the purpose of
the comparison  is to discuss whether the winning
party may benefit from the DIFC. To achieve the
objective of the study, this paper evaluates the ability
to exclusively rely on secured electronic signatures to
fulfil the requirement stated under article IV(1)(a),
and to generally consider the validity of the electronic
signature in the Dubai and DIFC courts.

Introduction

The enforcement  of the arbitral award is the final and
the most important step in arbitration procedures.
Upon  completion, the winning party will seek to
enforce the arbitral award, otherwise the whole
process of arbitration is nullified. The final award is
recognised and enforced equally as a court judgment,
but the importance of arbitration is that its
enforceability is easier at the international level than
court decisions, due to the international treaties and
conventions entrenching the enforcement  and
recognition of the arbitral award. The Convention on
the Recognition and Enforcement  of Foreign Arbitral
Awards  (NYC) is the most widespread and successful
arbitration convention in many jurisdictions. Article Ill
of NYC states that the arbitral award shall be
considered as binding and enforceable in each
contracting state that guarantees the enforcement
and recognition of foreign arbitral awards in countries
ratifying the Convention.
The NYC  provides for the recognition of arbitral
awards  by excluding any review of the merits of


foreign awards. On the other hand, it stipulates a
number  of provisos to be considered during
enforcement,  such as the duty of the party seeking
enforcement  to supply the court at the time of
application with an authenticated original or duly
certified copy of the award and arbitration
agreement.  This might raise some enforcement issues,
as discussed in detail below. One of the most effective
and efficient solutions to authenticate the electronic
award  in online arbitration is the electronic signature,
which might be useful in enforcing the arbitral award.
However,  its application depends on whether the
courts in the enforcement country validate and
recognise such a process.
Consequently, the article begins by explaining the
authentication and certification of arbitral award in
accordance  with the NYC rules. It goes on to explore
the differences between authentication and
certification, and to identify some issues that might
arise such as the governing law, the competent
authority and the required documents. These
concerns might arise at the enforcement stage, since
the NYC is silent toward them, which may mean that
different interpretations are possible. These issues
will be discussed with special reference to the
approach  of the Dubai and Dubai International
Financial Centre (DIFC) Courts.
The second  part seeks to clarify the meaning and
requirements  of the electronic signature, and explains
the different types and legislative approaches toward
electronic signatures. In respect of the validity of
electronic signatures under Dubai and DIFC legislation,
the article explores and critically analyses the
provisions of the United Arab Emirates (UAE) Federal
Law  1/2006 on Electronic Transactions and Commerce
(ETCL) in Dubai to test the ability to rely on the
electronic signature as a valid method to authenticate
electronic awards before the Dubai courts. Moreover,
the last section examines the validity of the electronic
signature before the DIFC courts.


This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License        I 97


This work is licensed under a Creative Commons Attribution -NonCom mencial- NoDerivs 3.0 Unported License


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