Arbitration is a form of alternate dispute resolution (ADR)
With an aim to expedite the resolution of disputes and reduce the burden on the court systems in the country, the United Arab Emirates has made a significant update to its legal framework concerning dispute resolution with the enactment of the Federal Decree Law No. 40 of 2023. This law which came into effect on...
A look at the fate of existing DIFC-LCIA arbitration clauses after Dubai’s Decree 34 of 2021 dissolved the DIFC-LCIA and transferred its functions to the DIAC (Dubai International Arbitration Centre). In a recent development in the sphere of international dispute resolution, a United States court has refused to enforce a Dubai International Financial Centre-London Court...
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...
The Abu Dhabi Chamber of Commerce and Industry has unveiled the Abu Dhabi International Arbitration Centre (arbitrateAD), a new international arbitration centre situated in Abu Dhabi. Starting February 1, 2024, the new governance framework and arbitration regulations will supersede those of the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC). This significant development marks a...
As long as the arbitration agreement remains valid, national and state courts will not have jurisdiction to entertain claims arising from contracts that contain an embedded arbitration clause. The Court also clarified that non-payment of arbitration costs does not result in waiving the arbitration agreement, thus entitling either party to resubmit the claim with the DIAC.
With the recent amendments, the UAE cements its position as a preferred hub for arbitration. These changes relate to more stringent measures to ensure the impartiality of an arbitrator, videoconferencing for hearings and engaging of legal experts for representation, among other things.
Introduction In the realm of contract disputes, parties often have the choice between litigation and arbitration as methods of resolving legal conflicts. The decision to include an arbitration provision in a contract can have far-reaching implications for the parties involved. By examining the specific language of a “dispute resolution” clause, the parties can agree in...
Introduction Disputes are a common occurrence in the business world, and in today’s fast-paced commercial environment, time is as valuable as money. Lengthy and complex court battles can result in losses for both parties involved in a dispute. To address this issue, Alternative Dispute Resolution (“ADR”) mechanisms have emerged as a means of simplifying and...
The Honourable Supreme Court of India in its recent judgment held that in circumstances where the arbitration agreement specifically excludes certain conflicts from the scope of the arbitration clause and if there is “accord and satisfaction,” the courts may/can decide the question of jurisdiction and arbitrability under Section 11 of the Arbitration and Conciliation Act,1996....
