Insurance litigation—United Arab Emirates—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—United Arab Emirates—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

Insurance litigation—United Arab Emirates—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in United Arab Emirates published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2021).

Authors: HFW—Sam Wakerley; John Barlow

1. In what fora are insurance disputes litigated?

Following the implementation of the UAE Insurance Authority (IA) Resolution No. 33 of 2019 concerning the Regulation of the Committees for the Settlement and Resolution of Insurance Disputes amended by Board of Directors Decision No. 9 of 2020, a new Insurance Disputes Committee (IDC) has been established to hear disputes between UAE licensed insurers and insureds and beneficiaries of a UAE insurance policy. The Dubai Court of First Instance has confirmed that in accordance with article 110(3) of Federal Law No. 3 of 2018, insurance-related disputes will not be accepted by the local UAE courts unless they have first been considered by the IDC (although there are caveats).

The IDC is not authorised to adjudicate the following types of claims:

  1. Claims for summary relief or attachment orders;

  2. Insurance disputes that began before the Decision came into force;

  3. Insurance disputes that are subject to a (valid) arbitration clause;

  4. Subrogated claims bought by an insurer against: (1) a third party causing damage for which the insurer is liable; or (2) the insurance company of the third party causing damage for which

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