DIAC

DIAC, DIFC, Enforceability, Enforcement, Enforcement of an arbitration clause, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UAE

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling of 20 June 2024 (ARB 009/2024 Narcisco v. Nash), the Dubai International Financial Centre (“DIFC”) Court of First Instance (“DIFC CFI”) was asked, as part of a wider investigation to grant an anti-suit injunction, to consider the validity of an arbitration agreement that provided for arbitration under the DIFC-London Court of…

DIAC, Enforceability, Enforcement, Enforcement of arbitration agreement, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates

(Blanke Arbitration LLC)/ /1 Comment

Two recent judgments, one from the United States (US) District Court for the Eastern District of Louisiana (“Louisiana Court”) and another from the Singapore High Court (“Singapore Court”), have highlighted the difficulties that Decree No. 34/2021(Concerning the Dubai International Arbitration Centre) (“Decree No. 34/2021”) may cause to the enforceability of DIFC-LCIA arbitration clauses in arbitrations…

ArbitrateAD, Arbitration institution, DIAC, Dubai, Middle East, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Singapore, United Arab Emirates

, , (Al Tamimi & Company)/ /Leave a comment

In September 2021, the United Arab Emirates (“UAE”) issued Decree No. 34 of 2021 (“Decree 34”) by which the DIFC Arbitration Institution, the administering body of the DIFC-LCIA arbitration centre (“DIFC-LCIA”) was abolished with immediate effect, and all its obligations, rights, and resources were assigned to the Dubai International Arbitration Centre (“DIAC”). Decree 34 also…

Abu Dhabi, BCDR, DIAC, HKIAC Rules, ICC Rules, LCIA, MENA, QICCA, SCCA, SIAC, UAE

, , (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

In February 2024, a new arbitration centre was inaugurated in Abu Dhabi.  The Abu Dhabi International Arbitration Centre, known as arbitrateAD (“Centre”) launched as an independent and neutral forum for dispute resolution.  Aligning with established domestic, regional, and global best practices, the Centre aims to position Abu Dhabi as a pivotal hub for international arbitration….

Abu Dhabi, DIAC, Dubai, KSA, MENA, SCCA

, (Al Tamimi & Company)/ /Leave a comment

Abu Dhabi’s latest foray, the Abu Dhabi International Arbitration Centre, came into effect on 1 February 2024. Branded and referred to as arbitrateAD, its new set of arbitration rules (“arbitrateAD Rules”) was published on 1 February 2024 and consists of a newly established Board of Directors and Court of Arbitration. In this post, we provide a…

Advance on Costs, Arbitration Agreement, DIAC, Dubai

(Blanke Arbitration LLC)/ /Leave a comment

In a recent decision, Case No. 10/2023 dated 24 October 2023, the General Assembly of the Dubai Court of Cassation decided to reverse a position introduced by the Dubai Courts of Cassation in around 2013 (see, e.g., Case No. 379/2013 (Real Estate), ruling of the Dubai Court of Cassation; and then also affirmed in Case…

Advance on Costs, DIAC, Dubai, Jurisdiction, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling of 8 June 2023 in Case No. 1514 of 2022, the Dubai Court of Cassation has taken a fresh look at a number of procedural questions that frequently arise in UAE-seated arbitrations under the 2018 UAE Federal Arbitration Law (“FAL”). There are three particular issues stemming from this recent ruling of…

DIAC, Dubai, LIDW2022, Middle East, UAE

(Queen Mary University of London)/ /Leave a comment

As part of the 2022 London International Disputes Week, Arbitration Chambers, Clyde & Co, Hausfeld, Jones Day and LexisNexis organized a conference on “London as an international disputes hub for Dubai, UAE and region disputes: arbitration and the courts – is it still safe to arbitrate in Dubai, and other hot topics”. The panel was…

DIAC, Dubai, Institutional Arbitration, UAE

(Watson Farley & Williams (Middle East) LLP)/ /Leave a comment

As previously reported on the Blog (here and here), in September 2021, Dubai Decree No. 34 of 2021 (Decree), and a new statute (Statute) regulating the Dubai International Arbitration Centre (DIAC or Centre), made significant changes to the institutional arbitration landscape in the UAE, by consolidating all local arbitration centres into a single arbitration centre,…

2021 in Review, Abu Dhabi, DIAC, DIFC, Dubai, KSA, Middle East, Qatar, UAE, UAE Federal Arbitration Law

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Amidst reeling from the pandemic of 2020, 2021 witnessed a number of arbitration-related transformations, developments and notable decisions issued by the national courts in the Middle East. In this post, we focus in on the Middle East region to reflect on the significant developments that took place in arbitral centres, summarize key judgments issued by…

Arbitration, DIAC, DIFC, Dubai, MENA

(Blanke Arbitration LLC)/ /Leave a comment

The recent adoption of Decree No. 34/2021 (see Dubai Government Decree No. 34 of 2021, which entered into force with effect from 20 September 2021) provides for the consolidation of local arbitration centers into a single institution, the Dubai International Arbitration Centre 2.0 (DIAC 2.0). Some perspectives on Decree No. 34/2021 have already been shared…

DIAC, DIFC, Dubai

(Baker McKenzie Habib Al Mulla) and (Sorbonne University Abu Dhabi)/ /1 Comment

Dubai’s Decree 34 of 2021 (“Decree”) and its appended statute on DIAC (“Statute”) were promulgated on 14 September 2021. The Decree consolidates the local arbitration centres under a new-and-improved DIAC (“DIAC 2.0”), and notably abolishes the DIFC Arbitration Institute (“DIFC-LCIA”), marking the beginning of a new era for arbitration in Dubai. From the outset, DIAC…

DIAC, DIFC, DIFC conduit jurisdiction, Dubai, MENA, Qatar, Qatar Financial Centre

(Armstrong Teasdale)/ /Leave a comment

On 14 September 2021, a Decree (no. 34) by the government of Dubai (currently only available in Arabic)  (the Decree) abolished two of Dubai’s most successful arbitration institutions: the Dubai Maritime Arbitration Centre (EMAC) and the DIFC-LCIA Centre.1)The DIFC-LCIA was established as a joint venture between Dubai International Financial Centre (DIFC), Dubai Arbitration Institute (DAI),…

Cost allocation mechanisms, Costs in arbitral proceedings, DIAC, UAE, UAE Federal Arbitration Law

(Al Owais Advocates & Legal Consultants)/ /Leave a comment

There has been a lot of debate in recent years on whether attorneys’ fees, or in other words counsels’ fees, can be awarded under the applicable laws in the United Arab Emirates (“UAE”). This post examines a recent decision, Cassation No. 990/2019 Commercial, issued by the Dubai Court which deals with attorneys’ fees. Prior court…

Arbitration, Data Protection, DIAC, DIFC, UAE

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The data protection regime in the UAE is complicated. Parties to arbitrations that have connections to the UAE, regardless of whether the arbitrations are seated here, should be aware of the data protection regime(s) that may apply to them to ensure that no unintended breaches occur and to consider whether the relevant data protection regulations…

Arbitration, Arbitration institution, DIAC, UAE Federal Arbitration Law, United Arab Emirates

(Galadari Advocates & Legal Consultants) and (Al Tamimi & Company )/ /Leave a comment

Introduction The Dubai International Arbitration Centre (“DIAC”) is a regional arbitration centre created by statue in 1994 as part of the Dubai Chamber of Commerce and Industry (the “Chamber”). On 23 April 2019, the Ruler of Dubai issued Decree No. 17 of 2019 approving a new statute for DIAC (the “New DIAC Statute”). The New…

Arbitrators, DIAC, Independence and Impartiality, UAE

(Equanimity Arbitration)/ /Leave a comment

Arbitrators have an overarching duty to act fairly and impartially. This is a fundamental aspect of arbitration that arises out of one of the key advantages of the arbitration process, that is, the parties’ abilities to select the tribunal or arbitrator. This duty is commonly enshrined in arbitration laws and institution rules. For example, Article…