Annulment, Bias, Canada, Domestic Courts, Set aside an arbitral award

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On 11 April 2024, the Ontario Superior Court of Justice (“Court”) issued its decision in Ballantry Construction Management Inc. v GR (CAN) Investment Co. Ltd., arising from an application to enforce two arbitration awards filed by Ballantry Construction Management (the “Applicant”). The Respondent in this application, Investment Co. Ltd, sought an order setting aside the awards…

Ad hoc arbitration, Annulment, Arbitral Award, Arbitral seat, Arbitration Awards, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Public Policy

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In one of the very rare decisions issued by courts in the Arab world applying the provisions of the Unified Agreement for the Investment of Arab Capital in the Arab States (the “UAIAC”), the Cairo Court of Appeal has revived in its decision dated February 5, 2014, the principle of finality of arbitration awards, by…

Arbitration Institutions and Rules, Middle East, United Arab Emirates

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On 27 August 2013, the Abu Dhabi Centre for Conciliation and Commercial Arbitration (the “Centre”), based in Abu Dhabi Chamber of Commerce and Industry, presented its new list of arbitration rules (the “Rules”) effective as of 1st October 2013, following an extension of one month from the date that was initially perceived under the Rules…

Arbitral seat, Arbitration, International arbitration, Middle East, New York Convention, Seat of the arbitration

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On 14 October 2012, Justice David Williams of the DIFC Court of First Instance (Dubai International Financial Centre) applied a course correction by issuing a decision confirming the jurisdiction of the DIFC Courts to grant a stay in the presence of a valid arbitration agreement providing for a seat of arbitration outside the DIFC. Justice…

Arbitration Awards, Enforcement, Public Policy

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As in most other jurisdictions, the violation of public policy in the UAE constitutes a ground for refusing the recognition of an arbitral award. Public policy is defined in Article 3 of the UAE Civil Code [Federal Law No. (5) of 1985] as follows: “Are considered of Public Policy, rules relating to personal status such…

Arbitration Agreements, Middle East

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On 6 March 2012, Justice Sir David Steel of the Court of First Instance of the Dubai International Financial Centre – DIFC – rendered a decision refusing to grant a stay of the proceedings, and ignoring an option in the underlying contract to opt out of the Court’s jurisdiction by referring to LCIA arbitration. In…