Insurance and Reinsurance Laws and Regulations United Arab Emirates 2024

1.1        Which government bodies/agencies regulate insurance (and reinsurance) companies?

The Central Bank of the UAE (CBUAE) supervises and regulates insurance companies, following the merger of the Insurance Authority into CBUAE under Decretal Federal Law No. 25 of 2020.

Apart from CBUAE, there is the Dubai International Financial Centre (DIFC), which is a special economic zone (SEZ) established in 2004 as a financial hub for companies operating in the Middle East, Africa and South Asia (MEASA) markets.  The body/agency that regulates insurance and reinsurance licences is the Dubai Financial Services Authority (DFSA); additionally, all of the licences issued by the DIFC are regulated by the Registrar of Companies.  The DFSA is an independent regulator exclusive to the zone, and by its own court system, the DIFC Court, separate from the Emirate of Dubai’s legal system and that of the federal government of the UAE.

Pursuant to Article 4 of Federal Law No. 8 of 2004 Regarding Financial Free Zones, and Article 68 of Federal Law No. 6 of 2007 on the Organization of Insurance Operations, an insurance service provider incorporated within the DIFC (DIFC Provider) is not permitted to practise insurance business outside the DIFC.  However, a DIFC Provider can provide insurance coverage concerning risks within the DIFC.  Additionally, a DIFC Provider can engage in reinsurance activity for risks within the DIFC or outside the DIFC (i.e. in mainland UAE).

1.2        What are the requirements/procedures for setting up a new insurance (or reinsurance) company?

According to Article 24 of Federal Law No. 6 of 2007 on the Organization of Insurance Operations, insurance and reinsurance operations in the State may be carried out by any of the following entities, which must be licensed and registered with theDFSA:

1. A public stock company established in the State.
2. A branch of a foreign insurance company.
3. An insurance agent.

The prior approval of the Board must be obtained before incorporating any insurance company in the State or opening a branch of a foreign insurance company or carrying out the operations of an insurance agent.

The insurance company must first obtain initial approval from the department of economic development for business activity; if the insurance company is to be established as a public stock company in the State, then it must also receive initial approval from the securities and commodities authority and complete the process that thereafter follows.

In addition to obtaining a licence from the DFSA for the incorporation of an insurance company in the State or opening a branch of a foreign insurance company therein, it must also be proven that the purpose of the company will be the carrying out of insurance operations.  The executive regulations of the law herein shall determine the documents that must be submitted along with the licence application (Article 4).

Federal Decree-Law No. 19 of 2018 on Foreign Investment permits 100% foreign ownership of businesses located in the UAE; however, insurance companies due to their “strategic” nature are prohibited from being 100% owned by foreign ownership, and a UAE national must own at least 51% of the company (if the company is also owned by foreign ownership, then a Local Service Agreement will need to be undertaken).

A licence must also be obtained from CBUAE.  One of the requirements for obtaining a licence is that the capital of the insurance company must not be less than AED 100 million, and for the reinsurance company, less than AED 250 million, according to Article 1 of Insurance Authority Board of Directors’ Decision 25/2014.

According to Article 11 of the executive regulation of Federal Law No. 6 of 2007 on the Organization of Insurance Operations, a licensing application must be submitted to the Director General by the founders’ committee of the insurance or reinsurance company, and the application must be accompanied by the following:

• The company’s memorandum and articles of association.
• An economic feasibility study and the company’s plan of work.
• A certificate by an actuary.
• Actions by the founders that show that no one in the company has ever been convicted for breach of honour and that all statements and documents submitted are accurate.
• After receiving the initial licence approval, the company must submit to the DFSA a list of prospective individuals for the position of the company’s general manager as well as other approvals and licences that must be obtained as required by law.

According to Article 12, the DFSA shall register the submitted licensing application into the register after verifying the adequacy of the application and following payment of the required fees.

Article 20 specifies that insurance companies established in the State or a branch of a licensed foreign insurance company must submit an application to the DFSA for registration in the register.

The application for registration shall be submitted in two copies, signed by a legal representative of the company, to the pertinent department of the DFSA within 30 days from the date of concluding the procedures of establishing the company.

Article 19 sets forth the prerequisites for licensing a foreign insurance company in the UAE.

1.3        Are foreign insurers able to write business directly or must they write reinsurance of a domestic insurer?

According to Article 26 of Federal Law No. 6 of 2007 on the Organization of Insurance Operations, properties or possessions inside the State, or liabilities resulting from them, cannot be insured with insurance companies that are not registered in the UAE.  Additionally, there cannot be any mediation in insuring these properties, possessions or liabilities with companies that are not registered according to the provisions of the law.  This implies that foreign insurers cannot write business directly for properties, possessions or liabilities in the UAE (they must be registered in the UAE to do so).

1.4        Are there any legal rules that restrict the parties’ freedom of contract by implying extraneous terms into (all or some) contracts of insurance?

Federal Law No. 6 of 2007 on the Organization of Insurance Operations prohibits the exclusion of certain perils in standard policies; any clause in the policy that exempts the insurer from liability must be clearly highlighted in bold letters and in a different colour and must be acknowledged by the insured.

The legislation imposes a duty of utmost good faith in disclosure and dealing, and stipulates a minimum level of benefits in life or health insurance policies – a restriction in regard to freedom of contract.

Furthermore, Article 1028 of Federal Law No. 1 of 1987 Concerning the Civil Transactions Law of the UAE states the conditions that are void but if implemented would not affect the policy as whole, only the conditions would be void.  The following conditions in an insurance policy are void:

1. A condition providing for the forfeiture of the right to insurance on account of a breach of the laws, unless such breach constitutes a deliberate felony or misdemeanour.
2. A condition providing for the forfeiture of the insured’s right due to his/her delay in notifying the authorities that have to be notified, or in producing documents, if it appears that the delay was for an acceptable excuse.
3. Any printed condition relating to cases involving nullity of the contract or forfeiture of the insured’s right, which is not shown in a clear manner.
4. An arbitration condition included in the printed general conditions of the policy and not as a special agreement distinct therefrom.
5. Any arbitrary condition, the breach thereof appears that it has no bearing on the occurrence of the event insured against.  This indicates that there are legal rules that restrict the parties’ freedom of contract by implying certain mandatory terms into contracts of insurance.

1.5        Are companies permitted to indemnify directors and officers under local company law?

There is no clause that indemnifies the liabilities of directors and officers for tasks performed during their tenure.  Article 24 of Federal Decree-Law No. 32 of 2021 on Commercial Companies states that “any provision in the Memorandum of Association or Statute of the Company authorising it or any of its subsidiaries to agree to exempt any person from any personal liability that such person bears in his capacity as a current or former officer of the Company shall be deemed null and void”.

1.6        Are there any forms of compulsory insurance?

Article 9 of the executive regulation of Federal Law No. 6 of 2007 on the Organization of Insurance Operations discusses the cancellation of compulsory motor vehicle insurance, indicating the compulsory nature of such insurance.

Under Federal Decree-Law No. 13 of 2022, it is mandatory for employees in the private sector and the federal government to register to the UAE’s Unemployment Insurance Scheme.

2.1        In general terms, is the substantive law relating to insurance more favourable to insurers or insureds?

As per Article 7 of Federal Law No. 6 of 2007 on the Organization of Insurance Operations, the objective of the Insurance Authority is to organise and oversee the insurance sector in a conducive manner.  The general obligation of the insurer is to pay an amount to the insured or beneficiary upon occurrence of the risk as per Article 1034 of Federal Law No. 1 of 1987 Concerning the Civil Transactions Law.  The provisions try to strike a balance between the two parties but the scales tip more in the favour of the insured party.

2.2        Can a third party bring a direct action against an insurer?

There is no rule or law that prevents an injured third-party claimant bringing direct proceedings against the insurers of the defendant, and often they do.  Article 1035 of Federal Law No. 1 of 1987 Concerning the Civil Transactions Law states: “The obligation of an insurer under an insurance against civil liability shall only become effective when the injured party (third party) makes a claim against the beneficiary after the occurrence of the incident out of which such liability arose.”  In general, third parties cannot claim under an insurance policy where the policy does not give them the right to do so.  However, where the policy specifies that the insurance policy is for the benefit of a third party (defined as a “beneficiary”), the insurer must pay the insurance proceeds to them.  Under motor insurance, a third party can bring a direct action against an insurer in certain circumstances.

2.3        Can an insured bring a direct action against a reinsurer?

No, unless there is a provision that states that an insured can bring a claim against a reinsurer.  A reinsurance contract typically establishes a relationship between the reinsurer and the original insurer rather than the insured and the reinsurer.  That said, a UAE Court may allow a reinsurer to be joined as a defendant in a claim by a policyholder against the insurer, especially if the policies include a clause such as a “cut-through clause” and/or if the insurer is insolvent/cannot provide coverage.

2.4        What remedies does an insurer have in cases of either misrepresentation or non-disclosure by the insured?

Article 1033 of Federal Law No. 1 of 1987 Concerning the Civil Transactions Law states that: “[I]f the insured, in bad faith conceals a matter or makes a false statement in such a manner as to lessen the importance of the risk insured against, or leads to a change in its object, or if he fraudulently breaches his promise to fulfil an obligation, the insurer is entitled to demand rescission of the contract and be paid all premiums due prior to such demand.”

2.5        Is there a positive duty on an insured to disclose to insurers all matters material to a risk, irrespective of whether the insurer has specifically asked about them?

Under Article 1032 of Federal Law No. 1 of 1987 Concerning the Civil Transactions Law, the insured is bound to:

1. Pay the agreed amounts on the term fixed in the contract.
2. Reveal at the time of conclusion of the contract, all information that the insurer considers of importance to be known by him/her in order to assess the risks covered by him/her.
3. Inform the insurer of all matters, occurring during the contract period, which lead to the aggravation of risks.  This implies a positive duty on the insured to disclose material matters related to the risk.

2.6        Is there an automatic right of subrogation upon payment of an indemnity by the insurer or does an insurer need a separate clause entitling subrogation?

The insurer may be subrogated into the right of action which the insured may have against the author of the damage to the extent of the compensation paid as stated in Article 1030 of Federal Law No. 1 of 1987 Concerning the Civil Transactions Law.

3.1        Which courts are appropriate for commercial insurance disputes? Does this depend on the value of the dispute? Is there any right to a hearing before a jury?

Prior to 30 November 2023, the UAE had a specialised court for insurance disputes – the Insurance Disputes Settlement Committee (IDC).  The IDC had initial and exclusive jurisdiction to hear insurance disputes.  Under the new Federal Law No. 48 of 2023, the IDC has been replaced with the Banking and Insurance Dispute Resolution Unit (BIDRU), an independent unit that now serves as a legal body, tasked with handling complaints lodged against insurance companies.

As per the law, if a claim’s value is below AED 50,000, insurers are unable to contest the BIDRU’s decision.  However, if the claim surpasses AED 50,000, insurers have a window of 30 days from the decision’s issuance or notification date to appeal the unit’s decision at the Court of Appeal.

The fact that decisions are referred to the Court of Appeal illustrates that the BIDRU will act as an equivalent to the Court of First Instance.  The Right to Jury hearing does not apply in the UAE.  Based on the above procedure, the right to appeal is afforded to the insured and is not limited by the claim value as it is the case for the insurer.

What is less clear is whether the DIFC Court will still consider its jurisdiction to hear cases brought by insurers or indeed appeals from the newly formed BIDRU.

3.2        What, if any, court fees are payable in order to commence a commercial insurance dispute?

The courts fees in the UAE are based on a percentage of the claim amount in the statement of claim; and once the claim amount exceeds a specific amount, the court fee is usually capped to a maximum amount regardless of the percentage rule.

Therefore, the fees payable to commence a dispute are as follows:

• In Dubai Courts, the fees are: 6% of the claim amount up to a maximum amount of AED 20,000 if the claim is up to AED 500,000; AED 30,000 if the claim is more than AED 500,000 but not exceeding AED 1 million; and AED 40,000 for claims exceeding AED 1 million.  An additional AED 80, as a registration fee for court operations, is also payable.
• In Abu Dhabi Courts, it is 3% of the claim amount with no cap.  For a claim of AED 5 million, the fee would be AED 150,000.

3.3        How long does a commercial case commonly take to bring to court once it has been initiated?

By virtue of the e-trial system, court proceedings (from the filing process until the issuance of judgments) are entirely online; however, it still could take two to three weeks from when the process was initiated, i.e. filing of documents at the courts.

3.4        Does COVID-19 have, or continue to have, a significant effect on the operation of the courts, or litigation in general?

Ever since the pandemic hit home, courts in Dubai and other Emirates started working remotely, accepting cases online and conducting online hearings.  COVID-19 forced court hearings to be held online due to social distancing; however, this change has remained enduring, changing the operations of the court, where almost all cases are conducted online except some criminal cases, which are still held in person due to the implications of a criminal judgment.

4.1        What powers do the courts have to order the disclosure/discovery and inspection of documents in respect of (a) parties to the action, and (b) non-parties to the action?

Onshore – there is no process of discovery and inspection of documents by parties in onshore courts, but it is possible for a party to be compelled to disclose relevant documents, information or materials to its adversary before and after commencing proceedings, and the court’s decision to order disclosure depends on the specific circumstances of the case.  Attorneys for the parties may use the court to request information from each other under Article 18 of Law No. 10 of 1992 on Evidence in Civil and Commercial Transactions, as amended.

The courts in the UAE have the power to order the disclosure, discovery and inspection of documents for both parties to the action and non-parties to the action, and the court’s decision to order disclosure depends on the specific circumstances of the case.

The DIFC and Abu Dhabi Global Market (ADGM) – in both the ADGM and the DIFC, the court relies upon the parties to present the evidence.  The court takes a less inquisitive role in the fact-finding process.  Where the production of documents is disputed, applications can be made to the court to rule on whether the production will take place, and the court may then issue an order for production.

4.2        Can a party withhold from disclosure documents (a) relating to advice given by lawyers, or (b) prepared in contemplation of litigation, or (c) produced in the course of settlement negotiations/attempts?

Communications between an attorney and their client are typically regarded as privileged in the UAE, which means they are shielded from exposure.  The legal system in the UAE acknowledges the privilege of maintaining confidentiality between a lawyer and their client.  This privilege does have some exclusions, though.

Communications between an attorney and client are treated as confidential; however, documents containing legal advice may still be subject to disclosure unless they are protected under specific circumstances or laws.

Litigation privilege frequently provides protection for documents created with the intention of going to court, allowing a party to prepare their case without worrying about it being discovered by the other side.  This principle might be upheld in the UAE, permitting the withholding of such documents.  The court may mandate the release of such records if it determines that they are pertinent to the current case.

In most cases, documents generated during settlement negotiations or attempts are confidential and may not be disclosed unless: (a) it constitutes a crime to not disclose the documents; (b) the documents are already present in the public domain, or are already available to the other party (lawfully); and/or (c) if both parties agree to disclose certain documents.

4.3        Do the courts have powers to require witnesses to give evidence either before or at the final hearing?

Article 72 of Federal Law No. 35 of 2022 on Evidence in Civil and Commercial Transactions states the procedures for witnesses to give evidence by testimony, where a party requesting witness testimony must specify the facts they wish to prove, the number of witnesses and their names.

Article 74 specifies that if a witness refuses to attend after being summoned by a party or the court, the court or the judge may order them to attend a subsequent hearing.  The court has the power to require witnesses to give evidence before or at the final hearing.

Pursuant to Part 30 of the DIFC Court Rules, the court can issue a witness summons requiring the witness to attend the court or produce any document before the court before a hearing to be used at the hearing or on a date mentioned in the summons.

4.4        Is evidence from witnesses allowed even if they are not present?

Yes.  Article 77 of Decree No. 35 of 2022 on Evidence in Civil and Commercial Transactions allows for witness testimony through remote communication technology.  If remote testimony is not feasible, the court or judge may order the witness to appear in person.

Article 75 states that if a witness has a legitimate reason preventing their appearance and cannot testify remotely, the designated or supervising judge may travel to hear their statement.

Furthermore, Article 76 provides that testimony is to be given orally, but may be given in writing with the court’s permission.

Under Part 29.14 of the DIFC Court Rules, the court may allow a witness to give evidence through a video link or by other means.

4.5        Are there any restrictions on calling expert witnesses? Is it common to have a court-appointed expert in addition or in place of party-appointed experts?

On certain grounds, the appointment of the expert can be questioned.  A party may object to an expert if there is a reason to believe that he/she cannot perform his/her duties impartially, if he/she is related by blood or by law to one of the parties up to the fourth degree, is a proxy to one of them in his/her personal affairs, a guardian or tutor or working for one of the parties, or if he/she or his/her spouse is in actual litigation with one of the parties in the case or with his/her spouse.  An objection must be filed within a week of the order appointing the expert.

According to Article 109 of Decree No. 35 of 2022 on Evidence in Civil and Commercial Transactions, if the parties have agreed on an expert, then the court will recognise their choice as stated in Article 109; however, if that is not the case the court will appoint an expert, but the parties may hire an independent expert from their side and present the evidence to the courts.

The experts appointed must have technical knowledge on the subject of the dispute and must be impartial and disclose any relationships or interests regarding either parties as stated in Article 113.

Under Part 31.12 of the DIFC Court Rules, the courts have the power to restrict expert evidence to that which is reasonably required to resolve the proceedings.

4.6        What sort of interim remedies are available from the courts?

The courts have the authority to issue various interim remedies.  These remedies can include injunctions, attachments and travel bans.  For instance, pursuant to Articles 62 and 63 of Law No. 57 of 2018, a creditor can file an ex parte application before the UAE Courts and request the issuance of a payment order for an outstanding debt.

Part 25 of the DIFC Court Rules covers several grounds where the court may grant interim remedies in the form of injunctions, declarations and orders.  The court may also grant an interim remedy whether or not there has been a claim for a final remedy of that kind.

4.7        Is there any right of appeal from the decisions of the courts of first instance? If so, on what general grounds? How many stages of appeal are there?

After the decision of the Court of First Instance, either party has the right to appeal within 30 days.  In regards to the grounds of appeal, Article 160 of Federal Law No. 11 of 1992 on the Civil Procedure Law states: “Judgments and decisions rendered within the limits of the jurisdictional amount of the Courts of First Instance may be appealed for a violation of the rules of jurisdiction related to public order, a nullity of the judgment or decision, or a nullity of the procedures that affected the judgment or decision.”  After the decision in the Court of Appeal, the parties have 30 days to appeal to the Court of Cassation.  The decision of the Court of Cassation is final and binding.

Decisions from the DIFC Court can be appealed in the lower courts, which may refer the application for permission to appeal to the Court of Appeal for a decision.

4.8        Is interest generally recoverable in respect of claims? If so, what is the current rate?

Interest is generally recoverable in respect of commercial and civil cases – the current rate stands at 5% annually if one had not been agreed to by the parties; this is a change from the previous practice of 9% annually due to a change in social and economic circumstances clarified by the legal decision of the Court of Cassation in Case No. 586/2021/1.

4.9        What are the standard rules regarding costs? Are there any potential costs advantages in making an offer to settle prior to trial?

The losing party is typically required to bear the costs of litigation; as such, the endeavour could be costly and settling a case early can result in significant savings on time, court fees and legal fees, as the longer a case goes on, the more legal fees will accrue.

While the outcome of a trial is unpredictable and may result in an all-or-nothing judgment, a settlement offers a specific outcome that has been agreed upon by both parties.

Business relationships may be more valuable than the immediate financial costs and benefits of litigation if early settlement is reached.

By resolving a disagreement in private, the parties can possibly save money by avoiding the expense of reputational damage by keeping private any sensitive information that may be revealed to the public during a trial.

The DIFC Court Rules provide the court with considerable discretion when it comes to making orders as to costs.  However, the general rule is that the unsuccessful party will be responsible for settling the successful party’s costs.  There is also potential for the DIFC Court to make no order as to costs – this is usually where it finds that the merits of each party’s case are balanced.

4.10      Can the courts compel the parties to mediate disputes, or engage with other forms of Alternative Dispute Resolution? If so, do they exercise such powers?

The courts may encourage the parties to mediate the dispute; however, the court cannot compel the parties to mediate.  On the other hand, such methods are preferable by the UAE, as can be seen from the strengthening of Federal Law No. 6 of 2021 on Mediation in Civil and Commercial Disputes.

The DIFC Court will not compel parties to engage in justice by reconciliation as a prerequisite to litigation (although Part 38.24 of the DIFC Court Rules gives the court discretion, when assessing costs, to consider efforts made in trying to resolve the dispute).

4.11      If a party refuses a request to mediate (or engage with other forms of Alternative Dispute Resolution), what consequences may follow?

Refusal to participate in mediation could be perceived as a lack of cooperation but will not affect the outcome of the case unless it is a condition precedent for litigation and agreed by the parties to adhere to Alternative Dispute Resolution before opting for a civil suit.

5.1        What approach do the courts take in relation to arbitration and how far is the principle of party autonomy adopted by the courts? Are the courts able to intervene in the conduct of an arbitration? If so, on what grounds and does this happen in many cases?

Several articles, including Article 11, which permits the parties to agree on the procedures for selecting an arbitrator, and Article 12, which addresses the decision-making process regarding arbitration proceedings, incorporate the idea of party autonomy.  The court’s ability to intervene is mentioned in Articles 11, 18 and 21, mostly related to ensuring the proper conduct of arbitration and enforcing orders, rather than on the substance of the arbitration.

According to Article 53 of Federal Law No. 6 of 2018 on Arbitration, in arbitration the courts may intervene in the arbitration process on specific grounds such as a lack of an arbitration agreement, incapacity of a party, improper notice of the arbitration proceedings, or if the award contains decisions on matters beyond the scope of the arbitration agreement.

The courts seem to have a supporting role in arbitration, as outlined in Articles 18 and 21 of Federal Law No. 6 of 2018 on Arbitration, wherein the court has jurisdiction over arbitration matters until the arbitration proceedings are concluded and can enforce interim measures ordered by the arbitral tribunal.

5.2        Is it necessary for a form of words to be put into a contract of (re)insurance to ensure that an arbitration clause will be enforceable? If so, what form of words is required?

According to Article 1028(d) of Federal Law No. 1 of 1987 Concerning the Civil Transactions Law, arbitration clauses are required to be in a separate agreement for the policy to be enforceable.  In Judgment No. 51 of 28 May 2005 and Case No. 164 of 2005, the Dubai Court of Cassation held that an arbitration agreement is only valid if the agents signing on behalf of each of the parties to the agreement had clear and specific authority to bind the parties to arbitrate.  According to Article 7(2) of the UNCITRAL Model Law 1985, a reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract.  An example of such would be as follows: “Any dispute arising out of or in connection with this contract, including any question relating to its existence, validity or termination, shall be referred to and finally resolved by arbitration.”

5.3        Notwithstanding the inclusion of an express arbitration clause, is there any possibility that the courts will refuse to enforce such a clause?

In the case of insurance policies, an explicit mention of an arbitration clause in the policy may not be sufficient and would require, according to Article 1028 of Federal Law No. 1 of 1987 Concerning the Civil Transactions Law, a separate agreement regarding arbitration to be enforceable.

5.4        What interim forms of relief can be obtained in support of arbitration from the courts? Please give examples.

Article 21 of Federal Law No. 6 of 2018 on Arbitration lists the various forms of interim relief available, which are as follows:

1. An order to preserve evidence that may be material to the resolution of the dispute.
2. Taking necessary measures to preserve the goods that constitute a part of the subject-matter of the dispute, such as an order to deposit with third parties, or to sell perishable goods.
3. Preserving assets and property of which a subsequent award may be enforced.
4. Maintaining or restoring the status quo pending determination of the dispute.
5. Taking action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself.

5.5        Is the arbitral tribunal legally bound to give detailed reasons for its award? If not, can the parties agree (in the arbitration clause or subsequently) that a reasoned award is required?

According to Article 41 of Federal Law No. 6 of 2018 on Arbitration, the arbitral tribunal is required to give reasons for its award, and the award can be nullified if the award is without reasons.

5.6        Is there any right of appeal to the courts from the decision of an arbitral tribunal? If so, in what circumstances does the right arise?

An award may not be challenged except by filing a nullification application in the Court of Appeal if agreed by the parties that the decision shall be final and binding and there shall be no appeal to the decision thus delivered, or by challenging the award if the decision by the arbitrator(s) is not final after a ratification application has been filed.  Articles 53 and 54 of Federal Law No. 6 of 2018 on Arbitration indicate that once the Court of First Instance issues its decision on the ratification application, either of the parties may file a grievance application, which is essentially an appeal, within 30 days from the date of service  – otherwise it will not be heard, and the award issued by the Court regarding the action in nullity shall be final and may only be subject to appeal by cassation.  There are several grounds where the awards may be challenged:

• The non-existence or invalidity of the arbitration agreement.
• The other party did not have capacity at the time of entering into the arbitration agreement.
• The other party was not authorised to enter into an arbitration agreement.
• Either party was prevented from presenting its case in the proceedings.
• The substantive law agreed to was not applied to the dispute.
• The tribunal’s constitution violated the parties’ agreement or any provisions of the law.
• The arbitration procedures were null in a manner that affected the award.
• The award exceeded the scope of the arbitration agreement.