Tag Archives: Caroline Kehoe

Arbitrating in the Kingdom of Saudi Arabia

Arbitration in the Kingdom of Saudi Arabia has been subject to material reform in recent years which has had a positive effect in the realm of dispute resolution. The new arbitration law, enacted by Royal Decree No. M/34 published in … Continue reading

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Filed under Arbitration laws, Enforcement, Middle East

Contracting with governments: pitfalls, arbitration, sovereign immunity and enforcement

Entering into a contract with an entity owned or controlled by the state poses unique challenges not faced when dealing with a private commercial counterparty. Parties should be aware of certain distinctive features of negotiating with a state entity from … Continue reading

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Filed under Advice on State Contracts and Disputes, Arbitration clauses, Middle East, Sovereign Immunity

First insight – the new UAE Federal Arbitration Law and the future for UAE arbitration

On 3 May 2018, HH Sheikh Khalifa bin Zayed Al Nahyan, the President of the United Arab Emirates, issued Federal Law No. 6 of 2018 promulgating the country’s much anticipated new Federal Arbitration Law (the “New Law“). The New Law, … Continue reading

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Filed under Arbitration laws, Middle East, New York Convention, UNCITRAL Model Law

New UAE Federal Arbitration Law issued

The President of the United Arab Emirates has issued Federal Law No. 6 of 2018, promulgating the much anticipated new federal arbitration law in the UAE.  As we reported in March, the new federal law, which is based on the … Continue reading

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Filed under Arbitration laws, Middle East

Recent arbitration developments in the UAE

In the last few months, there have been two notable developments in the United Arab Emirates relating to arbitration. First, it was announced on 27th February 2018 that the Federal National Council of the United Arab Emirates has approved the … Continue reading

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Filed under Arbitration laws, Middle East, News, UNCITRAL Model Law

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

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

Appointment of arbitrators: English Court grapples conflicting case law and clarifies relevant principles when asked to assist with appointments

In its decision in Silver Dry Bulk Company Limited v Homer Hulbert Maritime Company Limited [2017] EWHC 44 (Comm) the English Court has considered and clarified the principles which apply to an application under section 18 of the English Arbitration … Continue reading

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Filed under Arbitrability, Arbitration Act 1996, Arbitration clauses, Arbitration proceedings, Arbitrators, Court intervention, EU, Europe, Jurisdiction