Category: DIFC

Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

23 February, 2018

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate,… Read more

New restrictions appear to limit clients’ choice of counsel in UAE seated arbitrations – but is it a storm in a teacup?

7 December, 2017

On 27 November 2017, Ministerial Resolution No. 972 of 2017 (the "2017 Regulations") of the Executive Regulations to the Federal Legal Profession Law No. 23 of 1991 came into force, replacing the previous Regulations issued in 1997. The effect of… Read more

Has the pendulum swung back in favour of the DIFC courts? Two new decisions of the Judicial Tribunal

28 November, 2017

We recently reported on three decisions of the Judicial Tribunal (please click here) following our commentary on the Judicial Tribunal's controversial first decision in Daman v Oger and the effect on the Banyan Tree jurisdiction (click here). We concluded that,… Read more

China proposes dedicated “Belt and Road” court

11 October, 2017

Supreme People's Court Monitor has published a highly informative article on proposals by the SPC relating to China's"Belt and Road" initiative. These include establishing a dedicated court, along the lines of the Singapore International Commercial Court, to hear Belt &… Read more

Sovereign immunity in the DIFC Court

30 August, 2017

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… Read more

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

8 March, 2017

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… Read more

Middle East arbitration highlights from 2016 and trends for 2017

20 December, 2016

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… Read more

THE NEW DIFC-LCIA ARBITRATION RULES 2016

11 October, 2016

The DIFC-LCIA Arbitration Centre has issued its new rules which will apply to all arbitrations commencing on or after 1 October 2016. The key changes are discussed below. ... Read more

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

6 October, 2016

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… Read more

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

15 August, 2016

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.… Read more

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

24 February, 2016

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… Read more

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

9 December, 2014

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.… Read more

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

5 June, 2014

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… Read more

Is your Arbitration Agreement Valid in the United Arab Emirates?

14 March, 2014

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… Read more

DIFC Arbitration Law amended to ensure compliance with the New York Convention

6 January, 2014

On 15 December 2013, the Dubai International Financial Centre (DIFC) Authority enacted Law No.6 of 2013 (Arbitration Amendment Law) which amended the DIFC Arbitration Law to make it clear that the DIFC Courts have the power to stay court proceedings… Read more

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