Res judicata is a fundamental legal principle, ensuring
that there is a definitive end to litigation and providing
reassurance that parties cannot be pursued for the same
matter twice. In the UAE, res judicata is only applied to
causes of action and issues which have actually been tried
and adjudicated in a previous proceeding. This constraint
seeks to exclude causes of action and issues that could or ought to
have been presented in the previous proceedings. Here, we
address the specific question of when the Dubai courts will give
an arbitration award res judicata status.
THE RES JUDICATA STATUS OF ARBITRATION AWARDS ISSUED
IN DUBAI
As the UAE is a civil law jurisdiction, the doctrine of res
judicata is codified in law by virtue of article 92 of the UAE
Civil Procedures Law and article 49 of the UAE Evidence Law. Judge
Abdul Wahhab Abdoul of the Union Supreme Court explained in his
judgment issued on 6 October 2004 (Case No. 707/Judicial Year 23)
that the
