In both litigation and arbitration, natural justice is a cornerstone of procedural fairness. While the concept originates from common law traditions, it has been embraced in the UAE through both statutory law and judicial practice. However, the application of natural justice differs between courts and arbitral tribunals, particularly in terms of formality, flexibility, and judicial oversight.
This article explores how natural justice principles operate in both systems under UAE law and what that means for parties seeking fair adjudication.
Defining Natural Justice
Natural justice is grounded in two essential principles:
- The right to a fair hearing (audi alteram partem)
- The rule against bias (nemo judex in causa sua)
In practical terms, this includes:
- Notice of proceedings
- Equal opportunity to present evidence and arguments
- An impartial and independent decision-maker
- Reasoned decisions based on the record
Natural Justice in UAE Courts
In UAE civil courts, natural justice is embedded in the Civil Procedure Law and supported by established judicial practices.
Key features include:
- Formal service of process and strict adherence to deadlines
- Open hearings before government-appointed judges
- Right to appeal and cassation
- Procedural safeguards to protect due process
These elements ensure fairness but also result in a more rigid and formal dispute resolution environment.
Natural Justice in UAE Arbitration
Arbitration in the UAE is governed by Federal Arbitration Law No. 6 of 2018, which also upholds natural justice, but in a more flexible form.
Relevant provisions include:
- Article 23: Parties must be treated equally and given a full opportunity to present their case
- Article 33: Hearings must permit meaningful participation
- Article 53(1)(c): Awards may be set aside if a party was unable to present its case
Arbitral tribunals are not bound by the strict procedural requirements of the courts. However, they must still respect the fundamental principles of fairness, transparency, and impartiality.
Enforcing Natural Justice in Arbitration: Limited but Critical Court Review
While UAE courts do not reassess the merits of arbitral awards, they do act as gatekeepers for procedural justice.
Examples:
- Dubai Court of Cassation Case 434/2022 annulled an award after a party had no chance to respond to late expert submissions.
- Abu Dhabi Case 1005/2021 emphasized the duty to disclose material documents and ensure balanced proceedings.
These decisions affirm that courts intervene only to protect fairness, not to second-guess arbitral rulings.
Conclusion
In both courts and arbitration, natural justice is a legal imperative under UAE law. While arbitration provides flexibility and efficiency, parties must ensure that fairness is never compromised. Whether through litigation or alternative dispute resolution, respect for natural justice safeguards the legitimacy and enforceability of outcomes.
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Author: Lawyer Jouslin Khairallah
