DIFC

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

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, … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Asia, DIFC, Europe, Hong Kong & China, Interim relief, Investment Arbitration, ISDS, Middle East, Procedures in arbitration, Public International Law, Publications and Guides, South East Asia

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

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 … Continue reading

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Filed under Arbitration laws, DIFC, Middle East

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

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, … Continue reading

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Filed under Arbitration proceedings, DIFC, Jurisdiction, Middle East, Procedures in arbitration

China proposes dedicated “Belt and Road” court

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 & … Continue reading

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Filed under Asia, Court intervention, DIFC, East Asia, Hong Kong & China, Uncategorized

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

THE NEW DIFC-LCIA ARBITRATION RULES 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.

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Filed under Arbitration rules, DIFC, Emergency Arbitration, Middle East, News, Procedures in arbitration

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