Tag Archives: UAE

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

ICC to open representative office in Abu Dhabi

The ICC has announced that it will be opening a representative office in the United Arab Emirates to service the Middle East and North Africa region.  The office aims to be open by early 2018 in the new arbitration hearing … Continue reading

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Filed under Institutions, Middle East, News

Arbitration in Dubai: two steps forward, one step back

Introduction Dubai promotes itself as an arbitration-friendly jurisdiction, in line with its objective of attracting international business. A recent, much-publicised change to the UAE Federal Penal Code which introduces potential criminal sanctions for arbitrators, threatened to undermine this reputation. It … Continue reading

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Filed under Arbitration laws, Arbitrators, 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

Abu Dhabi Global Market Courts secure co-operation arrangements with UAE Ministry of Justice and Federal Courts

Following on from our previous post on the enactment of the Abu Dhabi Global Market Arbitration Regulations 2015 and the creation of a new seat of arbitration in the Middle East, the Courts of the Abu Dhabi Global Market (“ADGM”) have … Continue reading

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Filed under Middle East

Arbitration in the Middle East – expectations and challenges for the future

Craig Shepherd and Mike McClure from the HSF office in Dubai have co-edited a TDM (Transnational Dispute Management) Special entitled “Arbitration in the Middle East – expectations and challenges for the future”, that was published today.  The Special considers a … Continue reading

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Filed under Arbitration clauses, Awards, Middle East, News

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

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

Getting The Deal Through – Investment Treaty Arbitration 2014 – United Arab Emirates Chapter

Herbert Smith Freehills’ Mike McClure and Robert Stephen have contributed the United Arab Emirates chapter to the 2014 edition of Getting The Deal Through – Investment Treaty Arbitration. The article gives an overview of the laws and institutions, agreements and … Continue reading

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Filed under Arbitration rules, Institutions, Investment Arbitration, Middle East, News

Enforcement of foreign arbitral awards in Dubai: a set back?

The Dubai Court of Cassation has refused to enforce a foreign arbitral award on the basis that it did not have jurisdiction under the UAE’s Civil Procedure Code. In doing so, the court upheld earlier rulings from two lower courts … Continue reading

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Filed under Enforcement, Middle East, New York Convention