Is Mandatory Oath-Taking in UAE Arbitration? Insights

Recent rulings by the Dubai Court of Cassation have clarified the continued necessity of oath-taking for witnesses in arbitration proceedings under the UAE Federal Arbitration Law (FAL) of 2018. While the FAL does not explicitly mandate oath-taking, the court emphasized that witness testimony must comply with the UAE's broader legal framework, including the Law of Evidence, which requires administering oaths.

The court's rulings affirmed that failure to properly administer an oath could invalidate an arbitral award, particularly if the witness testimony was pivotal to the decision. This highlights the importance of following oath-taking procedures to ensure the enforceability and integrity of arbitral awards.

For arbitration parties in the UAE, it is crucial to administer oaths to both factual and expert witnesses, document the process, and comply with UAE legal requirements. Despite changes under the FAL, oath-taking remains vital for valid and enforceable arbitral decisions.