In a significant decision issued on 24 June 2024 (Case No. 200 of 2023), the Bahraini Court of Cassation (“Court of Cassation”) reaffirmed the centrality of arbitral autonomy by upholding the principle of Kompetenz-Kompetenz. This doctrine, foundational in international arbitration, empowers arbitral tribunals to rule on their own jurisdiction, including disputes over the existence or…
In a recent decision of 27 January 2025, in Baker Hughes Saudi Arabia Company Limited v. Dynamic Industries, Incorporated & Ors, the United States Court of Appeals for the Fifth Circuit (“COA”) overturned the ruling of the United States District Court for the Eastern District of Louisiana (“District Court”), and enforced the parties’ arbitration agreement…
Unilateral option clauses (“UOCs”), also known as asymmetric or split arbitration clauses, grant one party the exclusive right to choose between litigation and arbitration while binding the other party to a single dispute resolution mechanism. These clauses are particularly common in financial and commercial contracts, where they are often employed by the stronger party to…
Unilateral arbitration clauses (also referred to as asymmetrical arbitration clauses) have been the subject of considerable debate as they typically involve granting one party the right to choose between litigation and arbitration, while restricting the other party to one forum (as discussed here). As such, asymmetrical arbitration clauses create tension between the principles of party…
The latest 2024 arbitration rules of the Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) have been in force since 15 January 2024 (“2024 CRCICA Rules”). As discussed in a previous post, the amendments introduced by the 2024 CRCICA Rules greatly promote CRCICA’s desirability as one of the leading arbitration institutions in the Middle East…
The Middle East and North Africa (“MENA”) region entered 2024 amidst continuing political and economic instability. In spite of these challenging circumstances, the past year brought significant advancements in the international dispute resolution space—building on those already achieved in 2023. 2024 saw Abu Dhabi launch the brand new Abu Dhabi International Arbitration Centre (as discussed…
The Qatar International Centre for Conciliation and Arbitration (“QICCA”) has recently introduced new arbitration rules, effective from 1 January 2025 (“2024 Arbitration Rules”). These revised rules are aligned with global best practices and aim to enhance the efficiency, transparency, and flexibility of the arbitration process, solidifying QICCA’s position as a leading international arbitration institution within…
To emerge from a fragile post-conflict situation, a state must undergo a process of reconstruction. Such a process begins with a peace agreement, a ceasefire agreement, or other cessation of hostilities. Those circumstances provide a window of opportunity for a peace-dividend. Reconstruction in post-conflict societies is a complex undertaking with an array of urgent and…
With giga-projects at the forefront of its construction industry, the eyes of international contractors and foreign investors alike are on the Kingdom of Saudi Arabia (“KSA”). But as with all construction projects of significant scale and complexity, disputes are unavoidable. With the introduction of the new arbitration rules of the Saudi Center for Commercial Arbitration…
The Kingdom of Saudi Arabia (“KSA”) is undergoing a transformative shift in its economy. In 2016, the KSA launched the Saudi Vision 2030, an initiative to, among others, attract foreign and domestic investment by improving the regulatory environment and enhancing business opportunities. A key piece of this transformation came on 11 August 2024, when the…
For over a decade, diversity in the field of arbitration in the Kingdom of Saudi Arabia (“KSA”) has been on a positive trajectory. In 2012, the Saudi Arbitration Law (Royal Decree No. M/34) came into force and, unlike its predecessor of 1983, did not contain any requirements regarding the arbitrator’s gender. Subsequently, in 2016, the…
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…
The recent decision by the Bahrain Court of Cassation (“COC”) in Case No. 31 of 2023, issued on 8 January 2024 (“COC Judgment”), marks a significant development in the application of arbitration clauses to non-signatories for Bahrain-seated arbitrations. The case centred on the interpretation of an arbitration clause in a sub-subcontract (“Sub-Subcontract”) and its applicability…
In recent years, the electronic signature of awards has become widely accepted under various laws and institutional rules, particularly as a result of the increased reliance on the virtual world caused by the pandemic. As discussed in a previous blog post, while some jurisdictions still require awards to be signed by wet ink signatures, many…
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…
There has been a requirement in the United Arab Emirates (“UAE”) for witnesses to take an oath when giving their testimony in arbitration proceedings. Awards that relied on testimonies of witnesses who had not taken an oath were subject to nullification. There is currently uncertainty over whether witnesses are still required to take an oath…
On 5 February 2024, the Dubai Court of Cassation (“DCC”) issued a judgment in Commercial Case No. 821/2023 (“DCC Judgment”). It upheld an earlier judgment of the Dubai Court of Appeal (“CoA”) which set aside an arbitration award issued under the ICC Rules of Arbitration 2021 (“ICC Rules 2021”) in part concerning the recovery of…
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….
In the beginning of 2023, a diplomat told the Economist that the Middle East was tired of conflict and that de-escalation and diplomacy would be the orders of the day. While this did not hold true on the political side, it did hold true for the arbitration world. The MENA region witnessed the coming together…
Recent amendments to Federal Law No. 6 on 2018 on Arbitration, the UAE Federal Arbitration Law (“FAL”), introduced by Federal Decree Law No. 15 of 2023 (Amending Certain Provisions of Federal Law No. 6 of 2018 on Arbitration) (“Amendment Law”), give rise to concerns that in an endeavour to improve certain provisions of the FAL,…
The Kingdom of Saudi Arabia (“KSA”) has recently embarked on substantial public investment, both domestically and abroad. Major investments made by the Public Investment Fund, and giga-projects such as Neom, Red Sea Global and Diriyah Gate, clearly demonstrate the KSA’s intention to revolutionise its economy. However, often, with big investment comes the potential for big…
Indian Prime Minister, Narendra Modi, visited the United Arab Emirates (“UAE”) and Qatar last week as part of a state visit to the Middle East. This visit led to the signing of the India-UAE bilateral investment treaty between Indian Prime Minister Modi and the UAE’s president, Mohamed Bin Zayed on 13 February 2024. Along with the…
In recent years, the Kingdom of Saudi Arabia (“KSA”) has experienced a significant surge in construction projects and notable developments in its energy sector. The unveiling of new Smart Sustainable Cities and Special Economic Zones, aimed at enhancing business prospects, underscores the KSA’s commitment to fostering strategic sector development and attracting high-quality investments. These initiatives…
Amongst the strides taken by the United Arab Emirates (“UAE”) in recent years, there is the improvement made to the enforcement process of foreign awards in the UAE courts. This post examines the legislative changes made in this area, how the UAE courts have approached applications for the enforcement of foreign awards and the grounds…
