In a blog earlier this year (see here), I reported on the emergence of the Abu Dhabi Global Market, in shorthand ADGM, as a free zone seat of arbitration in its own right, offering a viable alternative to seating an arbitration in the Dubai International Financial Centre (DIFC). To recap, choice of the ADGM as…

In a recent ruling of the DIFC Court of Appeal (CA 007/2015 – DNB Bank ASA v. (1) Gulf Eyadah Corporation (2) Gulf Navigation Holdings PJSC, ruling of the DIFC Court of Appeal of 25 February 2016), Chief Justice Michael Hwang, Justice Sir David Steel and H.E. Justice Omar Al Muhairi took the opportunity to…

In a recent long-anticipated move, the Emirate of Abu Dhabi has finally expanded its own arbitration offering by adding a further arbitration facility in the Abu Dhabi Global Market (ADGM). More specifically, on 17 December 2015, the Board of Directors of the ADGM enacted the so-called ADGM Arbitration Regulations 2015, following an initial consultation process,…

This is Part II of a previous blog, discussing a recent Award dated 27 October 2015 rendered in ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman and dismissing all claims against Oman (see Part I of the blog). By way of reminder, the claims brought in these ICSID proceedings…

By a Final Award dated 27 October 2015 (see ICSID Case No. ARB/11/33 – Adel A Hamadi Al Tamimi v. Sultanate of Oman), an international tribunal constituted under the International Convention for Settlement of Investment Disputes (ICSID), also commonly referred to as the Washington Convention, dismissed all claims brought by a US national against the…

Following a recent announcement of the London Court of International Arbitration (LCIA) (see http://www.lcia.org//News/difc-lcia-arbitration-centre-relaunched-today.aspx), its Dubai-based sister organisation, the Dubai International Financial Centre (DIFC)-LCIA Arbitration Centre, re-launched its operations from a new location in the DIFC with effect from 18 November 2015. The move to the DIFC Gate Building, which has become an iconic landmark…

A ruling of the Austrian Supreme Court, the Oberste Gerichtshof in Vienna, Austria, of earlier this year (see ruling of 18 February 2015, 2 Ob 22/14w) raises anew the much debated question of the type and intensity of supervisory court review of European Union (EU) competition law awards. Readers may recall that EU competition law…

A recent ruling of the Dubai International Financial Centre (DIFC) Court of First Instance (see Case No. XX – (1) X1 (2) X2 v. (1) Y1 (2) Y2, ruling of the DIFC Court of First Instance of 29 July 2015) brings into relief the question as to whether the role of the DIFC Courts as…

By Order of 11 May 2015 (unpublished) in Case No. ARB 005/2014 – A v. B, Justice Sir David Steel of the Dubai International Financial Centre (DIFC) Court of First Instance dismissed an application made by an award debtor to set aside an order granted by the DIFC Court on 8 January 2015 (unpublished) for…

In a recent ruling of the DIFC Court of First Instance (CFI 043/2014 – DNB Bank ASA v. (1) Gulf Eyadah Corporation (2) Gulf Navigation Holding PJSC, ruling of the DIFC Court of First Instance of 2nd July 2015), H.E. Justice Ali Al Madhani, one of the UAE-national resident judges of the DIFC Courts, drew…

By Order of 5 January 2014 (see Case ARB 001/2014 – (1) X1 (2) X2 v. (1) Y, Order of the Dubai Court of First Instance), H.E. Justice Ali Al Madhani, one of the UAE-national resident judges of the DIFC Courts, dismissed an application by an award debtor for an order referring a purported conflict…

Attentive readers of this Blog will remember that the Court of Appeal of the Dubai International Financial Centre (DIFC) adopted a ruling in the latter half of last year confirming its status as a “host” or “intermediate” – or, in the Court’s own words, “conduit” – jurisdiction for the enforcement of domestic arbitration awards rendered…

The Dubai Court of Cassation stays firmly on course in its enforcement of foreign arbitration awards under the 1958 New York Convention for the recognition and enforcement of foreign arbitral awards (NYC) and hence keeps consolidating its pro-NYC enforcement practice. This has most recently been demonstrated by the Court’s pro-Convention approach in Case No. 434/2014…

The DIFC Courts Practice Direction No. 2 of 2015 on the Referral of Judgment Payment Disputes to Arbitration (available online on the official website of the DIFC Courts at http://difccourts.ae/difc-courts-practice-direction-no-2-2015-referral-judgment-payment-disputes-arbitration/) was finally adopted on 16 February 2015 and is now in full force. For conceptual accuracy, the more appealing title of “Practice Direction on the…

By virtue of a recent Decree (see Decree No. (47) of 2014 Reshuffling the Board of Trustees of the Dubai International Arbitration Center, issued in Dubai on 7 December 2014), HH Sheikh Mohammed Bin Rashid Al Maktoum, the Ruler of Dubai, has appointed Dr. Habib Al Mulla, founder of former Habib Al Mulla & Co,…

In an Award on Jurisdiction rendered earlier this year under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”) in ICSID Case No. ARB/11/7 – National Gas S.A.E. v. Arab Republic of Egypt (a copy of which is electronically available on the official Investment Treaty Arbitration…

In a recent lecture at the DIFC Courts (see Lecture Series No. 5, Practice Direction providing for the wider enforcement of Court Judgments through DIFC-LCIA Arbitration Centre, 19 November 2014), Chief Justice Michael Hwang announced that the DIFC Court Practice Direction No. X of 2014 amending Practice Direction No. 2 of 2012 DIFC Courts’ Jurisdiction…

In a recent ruling of the DIFC Court of Appeal (see Case CA-005-2-14, ruling of the DIFC Court of Appeal of 3rd November 2014), Justice Sir David Steel affirmed the previous ruling of the DIFC Court of First Instance in Banyan Tree v. Meydan Group LLC (see Case No. ARB 003/2013 – Banyan Tree Corporate…

In an ambitious stride to become the leading maritime hub in the Middle East, the Emirate of Dubai is set to establish the Emirates Maritime Arbitration Centre, which in shorthand will be known as “EMAC”. Plans for the anticipated establishment of the Centre have recently been announced by Sheikh Hamdan bin Rashid Al Maktoum, the…

In a recent, worldwide yet unprecedented move, the DIFC Courts have circulated for public consultation a draft Practice Direction (see Practice Direction No. X of 2014 amending Practice Direction No. 2 of 2012 DIFC Courts’ Jurisdiction, electronically accessible on the official website of the DIFC Courts at www.difccourts.ae), which essentially aims to provide for the…

In two recent rulings (see Case No. ARB 002/2013 – (1) X1, (2) X2 v. (1) Y1, (2) Y2, ruling of the DIFC Court of First Instance, undated, 2014; and Case No. ARB 003/2013 – Banyan Tree Corporate PTE LTD v. Meydan Group LLC, ruling of the DIFC Court of First Instance of 27 May…

In an encouraging ruling of earlier this year (see Case No. 249 of 2013 – Middle East Foundations LLC v. Meydan Group LLC (formerly Meydan LLC), Commercial Appeal, ruling of the Dubai Court of Appeal of 15 January 2014), the Dubai Court of Appeal confirmed the time extension provisions for rendering final awards under the…

A recent amendment to Dubai International Financial Centre (DIFC) Law No. 1 of 2008, the DIFC Arbitration Law, brings the DIFC into line with the New York Convention (on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958). DIFC Law No. 6 of 2013, the Arbitration Law Amendment…