As of May 7th , the new DIAC arbitration rules have come into effect. approval by H.H. the Ruler of Dubai on the 6th of May , and. Approved by the Ruler of Dubai and issued in the local Official Gazette, they superseded the rules from The DIAC Arbitration Rules. As of May 7th , the new DIAC arbitration rules have come into effect. 11 upon their approval by H.H. the Ruler of Dubai on the 6th of May , and .
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In the end ofthe DIAC announced its intended publication of new arbitration rules.
The New DIAC Arbitration Rules 2018
The Proposed New Rules have not yet been published and no draft has afbitration circulated as of yet, though excerpts were outlined. Although the Proposed New Rules will be issued by Decree thus having force of law as is the case with the current DIAC Arbitration Rulesin the hierarchy of laws, the CPC would still have supremacy over the Decree, raising doubts over the compatibility of this proposed provision.
We would therefore hope to see the finalised rules published in early In addition, the SIAC Rules discussed previously here established a new procedure for the early dismissal of claims or defences that are obviously without merit, similar in nature to the summary judgment procedure available in certain court systems. We set out below our initial thoughts on the main outlined changes of the Proposed New Rules.
Although it remains to be seen how effective such proposals will be in practice, i. If such a power of the Tribunal includes the power to sanction counsel as opposed to partiesthis raises the issue of whether the Tribunal has the jurisdiction over counsel to take any steps to comply with the sanctions.
Perhaps most importantly, in light of the recent developments, i. Legal fees and third party funding. The expedited arbitration would be decided by a sole arbitrator and on the basis of written submissions only, with shortened deadlines being imposed on the parties and a final award being issued within three months of referral under this procedure.
The New DIAC Arbitration Rules
They also give the possibility of control over draft awards, which did not previously exist. We’d be happy to talk. These revised rules also contain provisions on emergency arbitrators, third-party funding disclosure and expedited arbitration proceedings. The Proposed New Rules make it clear that arbitratioon legal fees i. The Proposed New Rules also expressly recognise that parties’ legal fees can be financed by way of third party funding.
Previously, legal fees were not considered recoverable rulles the basis of the Dubai Court of Cassation’s decision in Case No. Approved by the Ruler of Dubai and issued in the local Official Gazette, they superseded the rules from How should we contact you? Accept View our cookies policy.
Article 4 of the CPC has been widely interpreted and recognised as requiring arbitrators to render the award within the UAE, with signing of the award physically taking place in the UAE. Power to sanction counsel? Many of the proposed amendments are intended to make arbitration under the DIAC Rules more efficient and userfriendly.
Details of the cookies we use and instructions on how to disable them are set out in our Cookies Policy. This applies to cases where the amount in dispute is less than AED2 million. Publications Client Alert 20 November Nabeel Ikram Partner Dubai.
A party can, either by agreement or application to the DIAC Executive Committee, request that the arbitration be dealt with on an expedited basis.
The proposed new rules should bring ameliorated mechanisms of ratification and enforcement of arbitral awards delivered under the auspices of the DIAC. Following changes brought in by a number of other arbitral institutions including the DIFC-LCIA Arbitration Centre, the Dubai International Arbitration Centre is to amend its Arbitration Arbitraiton to bring them in line with modern arbitration practice and to ensure its offering remains competitive. Each of these proposed amendments is likely to be welcomed by practitioners and parties.
DIAC Arbitration Rules
This change is linked to promulgation of a new Arbitration Law of the United Arab Emirates earlier this year. The main version of the rules is in English. The implication of this change is potentially two-fold: