Choice of Law in respect of contracts in the United Arab Emirates and the European Union; and related aspects of Private International Law in relation to the Dubai International Financial Centre

Private international law applies to cases governed by private law which involve factual connections with several countries. A major issue governed by private international law is the question of which country’s law should be applied to determine the merits of a dispute. This thesis focuses on choice of law in respect of transnational contracts. It compares the legal principles concerning choice of law adopted by way of European harmonization with those currently utilized in the United Arab Emirates. The purpose of this comparison is to find points which are not addressed in the United Arab Emirates law under its Civil Transactions Code, or on which its provisions are unsatisfactory. In particular, the absence of any special provisions on choice of law for contracts such as consumer, insurance, and employment contracts which involved disparity of bargaining power between the parties, is considered. The thesis proposes new provisions which could usefully be adopted in the UAE by way of amendment to its Civil Transactions Code in the light of the European solutions under the Rome I Regulation. Attention is also given to a recently established territorial enclave, the Dubai International Financial Centre (DIFC), which has its own legal system, based on an English model, and is designed to attract international businesses and investors. Thus the thesis examines choice of law under DIFC law, and (in view of the rapid development of the DIFC legal order, and the numerous issues therein which have not yet been fully resolved) also considers other areas of private international law in the DIFC (such as judicial jurisdiction, arbitration and the enforcements of judgments and awards).