Dubai

DIFC, Dubai, LCIA Rules, UAE

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Following a recent announcement of the London Court of International Arbitration (LCIA) (see https://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…

DIFC, Dubai, MENA, Middle East, Recognition and enforcement of arbitral award, UAE, United Arab Emirates

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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…

Arbitration, Awards, DIFC, Dubai, Enforcement, ICC Arbitration, International arbitration, MENA, Middle East, New York Convention, Public Policy, Recognition and enforcement of arbitral award, Stay of Proceedings, UAE, Uncategorized, United Arab Emirates

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By Order of 11 May 2015 (unpublished) in Case No. ARB 005/2014 – A v. B, Justice Sir David Steel of the Dubai International Financial Centre (DIFC) Court of First Instance dismissed an application made by an award debtor to set aside an order granted by the DIFC Court on 8 January 2015 (unpublished) for…

Anti-arbitration, Arbitral Tribunal, Arbitrator Intelligence, Arbitrator's Fees, Australia, Availability of arbitrators, Best practices, Bulgaria, Counsel, Dubai, England, Expedited arbitration, Germany, ICC Arbitration, International arbitration, LCIA Arbitration, New Zealand, Singapore International Arbitration Centre, Uncategorized, UNCITRAL Arbitration Rules, Women in arbitration

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Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this point, most of us are lingering poolside at the Kluwer International Arbitration Resort and Amusement Park, sipping procedural cocktails in the waning light as the children take…

DIFC, Dubai, Enforcement, forum non conveniens, New York Convention, UAE, Uncategorized, United Arab Emirates

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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…

Arbitral Award, DIFC, Dubai, Enforcement, Final Award, MENA, Middle East, New York Convention, Public Policy, Recognition and enforcement of arbitral award, UAE, Uncategorized, United Arab Emirates

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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…

Arbitration clause, Dubai, Enforcement, Recognition and enforcement of arbitral award, UAE, Uncategorized

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Regular readers of this Blog will be aware of the DIFC Court’s adoption of Practice Direction No. 2 of 2015 on the Referral of Payment Judgment Disputes to Arbitration (“PD 2 of 2015”) earlier this year (for contemporaneous reporting see my previous blog). As the title of the Direction suggests, it essentially allows judgment creditors…

Arbitration Awards, Arbitration clause, Dubai, Uncategorized

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The UAE law on arbitration is contained in a dozen provisions in the UAE Civil Procedures Law. Whilst the law is not long, the provisions can often be overlooked by tribunal’s and counsel. Unfortunately the local courts usually take a strict view as to compliance, as illustrated in a recent decision by the Dubai Court…

Arbitral Award, Dubai, Enforcement, Germany, ICC Arbitration, New York Convention, Recognition and enforcement of arbitral award, United Arab Emirates

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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…

Dubai, New York Convention

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In the Dubai Court of Cassation Case No. 434/2014 (Al Reyami Group LLC v. BTI Befestigungstechnik GmbH & Co KG) judgment issued on 23 November 2014, the Dubai Court of Cassation confirmed the Court of Appeal’s decision and, inter alia, granted recognition of a foreign arbitral award pursuant to the provisions of the 1958 New York…

Arbitration clause, Dubai, Enforcement of an arbitration clause, Middle East, UAE, Unilateral Clauses

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Herbert Smith Freehills

Dispute resolution provisions in banking and finance transaction documents in the UAE sometimes include a unilateral option provision which, where a dispute arises, purports to reserve to the contracting bank, investment fund or lender, the right to choose arbitration or litigation, or sometimes litigation in a different forum to the local courts. The rationale for…

DIFC, Domestic Courts, Dubai, Gulf Cooperation Council (GCC), Kuwait, UNCITRAL Model Law

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Arbitrating in the Gulf  The oil and gas sector constitutes one of the most important and competitive market in Gulf countries and despite the recent slide in oil prices, the majority of the Gulf Cooperation Council (GCC) members have reserves and savings from the boom period of 2003-2014 that can underpin spending programmes. It is…

Arbitration, Arbitration Institutions and Rules, DIFC, Dubai, Middle East, Uncategorized, United Arab Emirates

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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,…

Appeal, Arbitration, Arbitration Awards, Awards, DIFC, Dubai, Enforcement, Middle East, Public Policy, Recognition and enforcement of arbitral award, Review on the merits, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /1 Comment

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…

Arbitration, Arbitration Institutions and Rules, DIFC, Dispute Resolution, Dubai, International arbitration, Middle East, Seat of the arbitration, Uncategorized, United Arab Emirates

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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…

DIFC, Dubai, Enforcement, Recognition and enforcement of arbitral award

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

In two recent decisions, Banyan Tree v. Meydan Group LLC (Case No. ARB 003-2013) and X1 and X2 v. Y1 and Y2 (Case No. ARB 002-2013), the DIFC Court of First Instance (H.E. Justice Omar Al Muhairi and Sir John Chadwick respectively) confirmed its jurisdiction to recognise and enforce within the DIFC arbitral awards rendered…

Arbitration, Arbitration Awards, DIFC, Dubai, Enforcement, Middle East, New York Convention, United Arab Emirates

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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…

DIFC, Dispute Resolution, Dubai, United Arab Emirates

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A recent amendment to Dubai Law No. (9) of 2004 Concerning the Dubai International Financial Centre (as previously amended by Dubai Law No. (14) of 2011), referred to as Dubai Law No. (7) of 2014 (Amending Law No. (9) of 2004 Concerning the Dubai International Financial Centre (DIFC)) and issued by the Ruler of Dubai…

Bribery, DIFC, Dubai, Enforcement, England, Meydan

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Herbert Smith Freehills

In Honeywell v Meydan Group LLC ([2014] EWHC 1344 (TCC)) the High Court in London upheld a DIAC award against the owner of the Meydan Racecourse in Dubai, rejecting allegations that the underlying contract was procured through bribery. The decision is just one of a number of claims arising out of the construction of the…