Introduction In international arbitration, the parties’ autonomy is a hallmark feature. However, this autonomy operates within a legal framework that governs and supports the arbitral process. One of the most fundamental, yet often under-discussed, elements of this framework is the lex arbitri, or the law of the seat of arbitration. The lex arbitri plays...
Introduction India has progressively aligned itself with international best practices for enforcing foreign arbitral awards. As a signatory to both the New York Convention (1958) and the Geneva Convention (1927), India’s Arbitration and Conciliation Act, 1996 (the “Act”) provides a comprehensive framework for recognition and enforcement of foreign awards. Recent amendments and judicial pronouncements reflect...
In a significant ruling on 30th April 2025[1], the Supreme Court of India addressed a pivotal question in arbitration law: Do Indian courts possess the authority to modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (the “Act”)? The Constitution Bench’s decision with a 4[2]:1[3] majority in Gayatri...
In the landscape of global commerce, businesses are increasingly seeking efficient, reliable, and neutral venues for resolving disputes. The Dubai International Financial Centre (“DIFC”) Courts have gained prominence as one such venue, designed specifically to serve international and regional business communities, and have emerged as a formidable player in the realm of international dispute resolution....
Mediation[1] in India, a quiet evolution is reaching its apex. India has historically leaned toward litigation as the default mechanism for dispute resolution. However, with mounting court pendency and growing global alignment toward amicable dispute resolution, mediation has gradually emerged from the shadows of its more prominent Alternate Dispute Resolution (“ADR”) cousin, arbitration. The enactment...
The Dubai International Financial Centre (“DIFC”), recognised as a premier financial hub for the Middle East, Africa, and South Asia (“MEASA”) region, has introduced important revisions to the DIFC Law on the Application of Civil and Commercial Laws[1] (the “Application Laws”)[2]. These amendments aim to provide greater legal clarity by explicitly codifying the sources of...
Introduction The Dubai International Financial Centre (“DIFC”) continues to strengthen its reputation as a forward-looking financial hub, not just through financial innovation but also by fostering a robust legal framework. A key component of this evolution is the DIFC Data Protection Law No. 5 of 2020 (“DPL”), which governs the protection of personal data 1...
The Abu Dhabi International Arbitration Centre (arbitrateAD) is the latest Institutional Arbitration centre in the Middle East. This article discusses the ArbitrateAD Rules to equip you to choose ArbitrateAD as your destination to resolve disputes. The references mentioned in this article are from the arbitrateAD Rules 2024, the DIAC Arbitration Rules 2022 and the ICC...
A comprehensive, step-by-step approach to navigating the arbitral enforcement process in the UAE. The law makes a clear distinction between domestic and international arbitrations, significantly influencing the procedures associated with the enforceability of arbitral awards for domestic arbitrations and for international arbitrations. Introduction Arbitration in the United Arab Emirates (UAE) is a widely favoured method...
Understanding the available avenues for appeal and the specific procedures to be followed is crucial to address issues that may arise during the ratification process. Challenges to ratification may arise based on various grounds, including procedural irregularities, lack of a valid arbitration agreement, or violations of public policy. Introduction In the dynamic landscape of...
