Tag Archives: Dubai International Financial Centre (DIFC)

Sovereign immunity in the DIFC Court

Last week, the Dubai International Financial Centre Court issued its decision in Pearl Petroleum Company Limited & Others v The Kurdistan Regional Government of Iraq. The Court upheld its earlier decision which recognised two LCIA arbitration awards totalling US$2 billion … Continue reading

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Filed under Awards, Challenges to awards, DIFC, Enforcement, Jurisdiction, Middle East, Sovereign Immunity

The DIFC’s conduit jurisdiction under attack? The Dubai Court attempts to reverse Banyan Tree

Following on from our reporting on the controversial first decision of the Judicial Tribunal in Daman Real Capital Partners Company LLC v. Oger Dubai LLC, Cassation No. 1 of 2016 (JT) (click here), there has been significant commentary on the … Continue reading

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Filed under Awards, Court intervention, DIFC, Enforcement, Middle East

Middle East arbitration highlights from 2016 and trends for 2017

The last 12 months have seen a number of important developments in arbitration practice in the Middle East, some comforting to the arbitration community, some controversial. Here, we present a summary of the key themes from 2016, and give our … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Arbitration rules, DIFC, Middle East

Onshore Dubai partners with Offshore: DIAC looks to develop “closer ties” with the DIFC

The Dubai International Arbitration Centre (“DIAC”) is now implementing its new strategy, designed to develop its international presence and dispel any notion that it is an 'onshore' only institution. On 27 September 2016, DIAC, arguably the leading arbitration centre based … Continue reading

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Filed under Arbitration rules, DIFC, Institutions, Middle East

Agreeing to Arbitrate in the UAE: “Apparent Authority” and Article 25 of the UAE Commercial Companies law

It has long been believed that an arbitration clause in a contract could not be enforced against a UAE company unless the person signing the contract had specific authority to bind the company to arbitration, and not simply authority to enter into the contract. … Continue reading

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Filed under Arbitration clauses, Awards, DIFC, Middle East

Gavin v Gaynor: Important further clarification on DIFC court jurisdiction and identifying place of arbitration

On 3 April 2016, the DIFC Court ordered a stay of proceedings on the basis that, in light of the existence of parallel proceedings in the Californian courts on substantially similar grounds, the Claimant's commencement of a claim before the … Continue reading

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Filed under Arbitration laws, Jurisdiction

Enactment of the Abu Dhabi Global Market Arbitration Regulations 2015: the creation of a new “pro-arbitration” seat in the Middle East?

The Abu Dhabi Global Market ("ADGM"), a financial freezone in the United Arab Emirates, has enacted new arbitration regulations based on the UNCITRAL Model Law to create a new "pro-arbitration" seat in the Middle East. The ADGM Arbitration Regulations 2015 … Continue reading

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Filed under Arbitration laws, DIFC, Middle East

DIFC Court of Appeal confirms its jurisdiction to recognise and enforce awards rendered outside of the DIFC

In Banyan Tree v Meydan Group LLC (Case CA-005-2-14), the DIFC Court of Appeal has confirmed its jurisdiction to recognise and enforce arbitral awards rendered outside the DIFC even when neither party is based or has assets in the DIFC. … Continue reading

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Filed under DIFC, Enforcement, Middle East

A New Dubai Law to Establish a Dispute Resolution Authority in the DIFC

A new Dubai Law (Dubai Law No. 7 of 2014) was enacted by His Highness Sheikh Mohammed Bin Rashid Al Maktoum and has come into force on 21 May 2014 (the Law). A statement was made by His Highness on … Continue reading

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Filed under ADR, DIFC, Institutions, Middle East

Is your Arbitration Agreement Valid in the United Arab Emirates?

Herbert Smith Freehills’ Saloni Kantaria has published an article in issue 80.1. 2014 of the International Journal of Arbitration entitled “Is your Arbitration Agreement Valid in the United Arab Emirates?” The article gives an overview of the options for resolving … Continue reading

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Filed under Arbitration laws, Arbitration rules, DIFC, Institutions, Middle East, News