Practical Law

In a recent ruling (see Case Nos 78 and 96/2022, ruling of the Dubai Court of Cassation), the Dubai Court of Cassation has put an end to speculation about whether or not oath-taking is mandatory in arbitration conducted under the Law No. 6 of 2018, the UAE Federal Arbitration Law (FAL).

At the height of the pandemic, in or around the first quarter of 2021, the Abu Dhabi Global Market (ADGM) Arbitration Centre (ADGMAC) published a set of guidelines to provide procedural and logistical assistance on the conduct of remote and semi-remote hearings in international arbitration, known as the “ADGMAC Protocol for Remote Hearings ”. Being … Continue reading ADGMAC Protocol for Remote Hearings: stay tuned… →

In an award in MAKAE Europe SARL v Kingdom of Saudi Arabia rendered under the ICSID Convention, and the agreement between the Government of the Kingdom of Saudi Arabia (KSA) and the Government of the French Republic concerning the encouragement and reciprocal protection of investments, which entered into force with effect from 18 March 2004 (KSA-France … Continue reading Saudi prevails against foreign investor on lack of jurisdiction under KSA-France BIT →

As reported in the first part of this blog, the new  Rules of Arbitration of the Dubai International Arbitration Centre 2022 (DIAC Rules 2022) have entered into force with effect from 21 March 2022. Part 1 discussed in some detail the virtual conduct, the revision of time-limits and the introduction of expedited proceedings, as well as party representation … Continue reading The 2022 DIAC Rules: Out at Last! (Part 2) →

Following a gestation period of well over five years (predecessors of the 2022 version of the Rules having surfaced for the first time in 2017, reported in Part 1 and Part 2 of a previous blog), the new Rules of Arbitration of the Dubai International Arbitration Centre (DIAC) have, at long last, been published in their 2022 … Continue reading 2022 DIAC Rules: Out at Last! (Part 1) →

Dubai Government Decree No 34 of 2021 concerning the Dubai International Arbitration Centre (DIAC) (Decree No 34/2021), which entered into immediate effect upon its publication (see the Official Gazette for the Government of Dubai No 531 of 20 September 2021), has caused a great furore both among the local and the international arbitration community.

In a recent ruling of the Dubai International Financial Centre (DIFC) Court of Appeal (CA) in Lahela v Lameez, the DIFCCA overturned the DIFC Court of First Instance (CFI)’s ruling in Pearl Petroleum Company Limited & Others v The Kurdistan Regional Government of Iraq. It found that Justice Sir Jeremy Cooke, rendering the ruling of … Continue reading Pearl-diving in the DIFC and the Riyadh Convention: The DIFC Court’s ruling in Lahela →

In a recent ruling of earlier this year (No. RG 18/05756 – D v. K, Paris Court of Appeal), the Paris Court of Appeal annulled a partial award rendered by a tribunal confirming its proper constitution under the 1976 United Nations Commission on International Trade Law (UNCITRAL) Rules of Arbitration within the context of an … Continue reading French court vetoes PCA default-appointment under the OIC Agreement →

In a ruling of November 2020, which, to date, has remained unpublished (albeit not unreported), the Dubai International Financial Centre (DIFC) Court of First Instance (DIFCCFI) pronounced the first ever anti-suit injunction over competing proceedings commenced in violation of an arbitration agreement before the onshore Dubai courts.

What was once a mirage on the horizon of the arbitration landscape of the United Arab Emirates (UAE) has now become reality under the UAE Federal Arbitration Law (FAL), which entered into force with effect from 16 June 2018. Following a consistent line of recent case law precedent, there can be no more doubt that … Continue reading Apparent authority under UAE Federal Arbitration Law: from mirage to reality →

Article 45 of the UAE Federal Arbitration Law (FAL), which entered into force on 16 June 2018, addresses the question of how arbitration proceedings conducted under the FAL are terminated. Despite taking inspiration from the UNCITRAL Model Law, the FAL contains a number of provisions, including article 45, that are not of Model Law origin. … Continue reading Termination of arbitration proceedings under article 45 of UAE Federal Arbitration Law →

This is Part 2 of a blog that discusses the belated formal adoption of the 2017 DIAC Rules, which, at the time of writing remains pending. Part 1 discussed the positive contribution made by the 2017 Rules to the provisions on the seat and venue of the arbitration, the wide definition and the blanket use … Continue reading The 2017 DIAC Rules or Waiting for Godot… (Part 2) →

The pending adoption of the 2017 Dubai International Arbitration (DIAC) Rules feels like a scene from Samuel Backett’s Waiting for Godot: having been announced and in essence launched at DIAC Arbitration Week in November 2017, the 2017 DIAC Rules are presently still awaiting assent from the Ruler of Dubai and have therefore not yet formally been adopted. … Continue reading The 2017 DIAC Rules or waiting for Godot… (Part 1) →

Recent developments under article 41(3) of the UAE Federal Arbitration Law (FAL), which entered into force on 16 June 2018 and replaced the former UAE Arbitration Chapter (the arbitration-specific provisions of the UAE Civil Procedures Code), provide some initial guidance on the signature of arbitral awards under the new law. Article 41(3) of FAL contains a … Continue reading Your signature, please: recent developments under article 41(3) of FAL →

A recent investment dispute referred by a consortium of multi-national investors from Jordan and the UAE to the International Centre for Settlement of Investment Disputes (ICSID) in Washington (see Itisaluna Iraq LLC and others v Republic of Iraq) has raised the question of the proper scope of the most favoured nation (MFN) clause contained in article … Continue reading The OIC Agreement and its MFN clause: a question of scope →

In a recently published ruling (see Loralia Group LLC v Landen Saudi Company), the Dubai International Financial Centre (DIFC) Court of First Instance (DIFCCFI) contemplated the application of UAE public policy within the meaning of articles 41(2)(b)(iii) and 44(1)(b)(vii) of the DIFC Arbitration Law (see DIFC Law No. 1 of 2008 on Arbitration). These articles … Continue reading UAE public policy at the crossroads between onshore and offshore: a variable geometry of sorts →

In another push to expand the area of free movement of onshore and offshore ratified awards, the Abu Dhabi Global Market (ADGM) courts have recently entered into a memorandum of understanding with the Ministry of Justice of the United Arab Emirates (see Memorandum of Understanding between Ministry of Justice United Arab Emirates and Abu Dhabi … Continue reading The ADGM courts adopt memorandum of understanding on enforcement of awards with UAE MoJ →

The 2019 novel coronavirus disease (COVID-19) pandemic has paralysed the world economy and the majority of industry and service sectors in most parts of the world, including the Middle East. The systematic lockdown now in place across the Middle East has changed the way we interact with each other and the way we do business … Continue reading COVID-19 and arbitration in the Middle East: a cloud with a silver lining? →

In a case of earlier this year (see Case No. 32/2019, Dubai Court of Appeal, ruling of 5 February 2020), the UAE courts had a first opportunity to test their supervisory powers under Article 19(2) of the UAE Federal Arbitration Law (FAL), which entered into force with effect from 16 June 2018. More specifically, the … Continue reading Article 19 of the UAE Federal Arbitration Law: a first test →

In a ruling of 17 November 2019 (see YYY Limited v ZZZ Limited [DIFC] 2017 ARB 005, as per Justice Sir Richard Field), the DIFC Court of First Instance (DIFCCFI) had an opportunity to re-consider the proper scope of application of Article 7 of the Judicial Authority Law (see DIFC Law No. 12 of 2004 … Continue reading Article 7 JAL: de-fining and re-fining its scope of application →

This is Part 2 of a two-part blog dealing with the first arbitration-related rulings of the Abu Dhabi Global Market (ADGM) courts. In Part 1, I reported on a ruling of 4 July 2019, which dealt with the enforceability of an agreement to arbitrate in the ADGM (see A3 v B3 [2019] ADGMCFI 0004 (4 … Continue reading The first arbitration-related cases of the ADGM courts (Part 2): [2019] ADGMCFI 0007 →

As the readers of this blog will be aware, the Abu Dhabi Global Market (ADGM) is a judicial free zone in the heart of the emirate of Abu Dhabi. It administers its own system of common law courts, the ADGM courts, which are competent to hear arbitration-related actions brought before them in their capacity as … Continue reading The first arbitration-related cases of the ADGM courts (Part 1): [2019] ADGMCFI 0004 →

The Abu Dhabi Global Market Arbitration Centre (ADGMAC) has recently launched its Arbitration Guidelines to the great acclaim of the local arbitration community. The Arbitration Guidelines are published in English and seek to provide best practice procedural guidance on the conduct of an arbitration process to arbitrators and parties alike. The Arbitration Guidelines are a … Continue reading The ADGM Arbitration Centre Arbitration Guidelines: soft law hardcore… →

Earlier last month, the ADGM Arbitration Centre (ADGMAC) and the Emirates Maritime Arbitration Centre (EMAC) signed a co-operation agreement (see Cooperation Agreement between the Abu Dhabi Global Market Arbitration Centre and Emirates Maritime Arbitration Centre, dated 8 September 2019) in an ambitious move to unite forces in the development and promotion of international commercial and … Continue reading ADGM and EMAC on course for co-operation →

Claims for costs are a key ingredient of any arbitration proceeding, in particular in circumstances where alternative recourse to the local courts does not allow the prevailing party to recover its costs on a full indemnity basis. This is, for instance, the case in the United Arab Emirates (UAE), whose courts, although awarding full court … Continue reading The curse of costs under the UAE Federal Arbitration Law →

The adoption of the UAE Federal Arbitration Law (UAE FAL) was welcomed with great acclaim in June last year. It entered into force on 16 June 2018 and has since applied to arbitrations seated in the UAE, including those pending at the time of entry into force of the new law. The UAE FAL is, … Continue reading The UAE Federal Arbitration Law one year in: taking stock →

In a further strategic move to facilitate the enforcement of Abu Dhabi Global Market (ADGM)-ratified awards across the United Arab Emirates (UAE), the ADGM courts and the Ras Al Khaimah Courts Department have entered into a memorandum of understanding for the mutual recognition of judicial instruments (Memorandum of Understanding between Ras Al Khaimah Courts Department … Continue reading The ADGM adopts memorandum of understanding with Ras Al Khaimah Courts on enforcement of awards →

This blog is published in two parts. Part 1, which was published in March this year, provided some background to dispute resolution in the banking and finance sector, highlighting in particular the apparent inaptitude of conventional dispute fora, such as the courts, to deal with Islamic finance disputes adequately. This part 2 addresses how arbitration … Continue reading Islamic banking and finance disputes: the case for semi-secular arbitration (Part 2) →

This blog discusses the resolution of Islamic banking and finance disputes in a modern world of dispute resolution, in which litigation and arbitration as the main contentious forms of dispute resolution contend for taking prime position before any other form of dispute resolution. Given the high degree of specialty required in the resolution of disputes … Continue reading Islamic banking and finance disputes: the case for semi-secular arbitration (Part 1) →

Part 1 of this blog provided a brief introduction to the existing landscape of investment legislation in the Gulf Corporation Council (GCC) countries, highlighting that Bahrain is presently the only country that remains without a precise investment regime. This Part 2 aims to provide an overview of the main provisions of the United Arab Emirates … Continue reading GCC investment laws: to arbitrate or not to arbitrate, that is the question (Part 2) →

Driven by an incentive to promote foreign direct investment (FDI) in their respective economies, the majority of Gulf Corporation Council (GCC) countries have adopted stand-alone FDI legislation. These include Kuwait (Kuwait Law No. 116/2013 Amending the Law on the Regulation of Direct Investment of Foreign Capital in the State of Kuwait, in force since 16 … Continue reading GCC investment laws: to arbitrate or not to arbitrate, that is the question (Part 1) →

By now, the readers of this blog will be familiar with the issues brought about by the ruling of the Court of Justice of the European Union (CJEU) in Slovak Republic v Achmea BV. In essence, that ruling declared unenforceable the arbitration mechanism contained in the bilateral investment treaty (BIT) between The Netherlands and the … Continue reading The Achmea issue and ECT claims: where do things stand? →

As I anticipated in Part 1 of this blog, recent case law precedent of the Dubai International Financial Centre (DIFC) Court of First Instance (the CFI) has revived the DIFC Courts’ role as a conduit jurisdiction for the recognition and enforcement of a domestic non-DIFC award for onward execution onshore. By way of reminder, in … Continue reading The DIFC as a conduit: alive and kicking… after all! (Part 2) →

The most recent case law of the Dubai International Financial Centre (DIFC) Court of First Instance (the CFI) (see Chenshan Liu v Dubai Waterfront LLC) shows that the DIFC as a conduit is alive and kicking. This is despite fears that the DIFC Courts’ role as a conduit jurisdiction for the recognition and enforcement of … Continue reading The DIFC as a conduit: alive and kicking… after all! (Part 1) →

No doubt, the European Court of Justice (ECJ) ruling in Slovak Republic v Achmea BV of earlier this year has caused reasoned concern amongst the international investment arbitration community that its reach may be much wider than intra-EU bi-lateral investment treaties (BITs). The proposition is, and the ruling in Achmea most certainly will extend to BITs concluded between an EU member … Continue reading Achmea: how far does it reach? →

This is the second part of a blog on basic trends and developments in investment arbitration in the Middle East. Part 1 discussed in some detail the procedural framework for bringing investor claims against a Middle Eastern host state, highlighting in particular potential avenues of redress under national investment laws, bilateral investment treaties (BITs), multilateral … Continue reading Investment arbitration in the Middle East: basic trends and developments (Part 2) →

Investment protection has become a linchpin of investment policies adopted by both developing and developed Middle Eastern jurisdictions over the past two to three decades. In the light of steadily diminishing oil reserves, the oil-rich nations in particular have become acutely aware of the need to attract foreign direct investment (FDI) for their sustained economic … Continue reading Investment arbitration in the Middle East: basic trends and developments (Part 1) →

This is the second part of a blog on the adoption and entry into force of the new UAE Federal Arbitration Law. Part 1 was published last month and discussed some of the procedural framework conditions of the new law. This Part 2 continues that discussion, providing a deeper insight into how the new law … Continue reading The UAE Federal Arbitration Law: an initial verdict (Part 2) →

The United Arab Emirates (UAE) Federal Arbitration Law (see Law No. 6 of 2018 Concerning Arbitration) was finally adopted on 3 May 2018. I anticipated the adoption of the new law in a trilogy of blogs published in the summer of 2017 (see Part 1, Part 2 and Part 3). The draft law that I … Continue reading The UAE Federal Arbitration Law: an initial verdict (Part 1) →

Most readers of this blog will be aware of the status and operation of the Dubai International Financial Centre (DIFC), the Dubai-based financial free zone, as a seat of arbitration in its own right. The DIFC has its own, stand-alone arbitration law, the DIFC Arbitration Law, which, in turn, is modeled on the UNCITRAL Model … Continue reading The Abu Dhabi Global Market adopts Memorandum of Understanding with Abu Dhabi Judicial Department on enforcement of awards →

A recent order of the Dubai International Financial Centre (DIFC) Court of First Instance (see Isai v Isabelle) gives hope that the DIFC Courts’ status as a conduit jurisdiction has been resurrected from the dead and been granted a new lease of life. Readers of this blog will recall previous reporting to the effect that … Continue reading The DIFC as a conduit: resurrected from the dead? →

Following the launch of the revised arbitration rules of the Dubai International Arbitration Centre (DIAC) (the DIAC Rules) during Dubai Arbitration Week in November 2017, their adoption by Ruler’s Decree is now (according to confidential sources) imminent and likely to coincide with the official adoption of the new United Arab Emirates (UAE) Federal Arbitration Law, … Continue reading Three, two, one… lift off: a fresh start for arbitration in the UAE? →

Following latest International Centre for Settlement of Investment Disputes (ICSID) case law on the subject (Bear Creek Mining Corporation v Republic of Peru), foreign investors are advised to take extra care when making investments in socially unstable and environmentally sensitive parts of the world. This may mean that investors might have to bear contributory responsibility … Continue reading The Creaking Bear: latest developments in investment arbitration in environmentally sensitive projects →

The civil unrest that was at the root of the Arab Spring has given rise to a series of investor state claims. Many of these have been brought against a Middle East and North Africa (MENA) host state in arbitration, typically under a bilateral investment treaty (BIT) between the country of the foreign investor and … Continue reading Investment arbitration in the Arab Spring: first lessons →

The UK’s exit from the EU has somewhat sunk into people’s minds since the British referendum vote on leaving the EU in June last year. That vote, no doubt, sent shock waves far beyond the shores of the British Isles. It has, to some extent, marginalised the UK on the EU political stage, the UK … Continue reading Brexit and the prospects of investor-state arbitration against the UK: laming, claiming and blaming →

This year so far has dealt a severe (some may say mortal) blow to the Dubai International Financial Centre (DIFC) Courts’ status as a conduit jurisdiction. The case law of the Joint Judicial Tribunal (the JT) – a judicial body composed of both onshore Dubai and offshore DIFC Court judges and formed by the Ruler of … Continue reading The DIFC Courts’ conduit jurisdiction: time for a post mortem? →

This is the third and final part of a series of three blogs that have discussed in some detail the provisions of the new United Arab Emirates (UAE) Federal Arbitration Law and their prevailing similarities to the existing provisions of the UAE Arbitration Chapter. The comparison so far has shown that the provisions of the … Continue reading UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 3) →

In Part 1 of this blog, I discussed in some detail the historical background of the United Arab Emirates (UAE) Federal Arbitration Law and its imminent adoption. The discussions in Part 1 also showed that the procedural framework for arbitrations under the Federal Arbitration Law, including in relation to the formation of the arbitration agreement, … Continue reading UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 2) →

After a long period of gestation, the UAE Federal Arbitration Law is now likely to become a reality: its enactment is scheduled for later this year, having recently been approved by the UAE National Assembly and the Cabinet of Ministers and now awaiting signature by the President of the UAE, Sheikh Khalifa bin Zayed bin … Continue reading UAE Federal Arbitration Law v UAE Arbitration Chapter: old wine in a new bottle? (Part 1) →

In light of the most recent case law precedent, the development of the relationship between the onshore Dubai and the offshore Dubai International Financial Centre (DIFC) courts has taken a very unfortunate turn. Since 2004, the DIFC courts have been evolving into a common law forum of choice as an alternative to the onshore civil … Continue reading Dubai courts v DIFC courts: just a jurisdictional stand-off or an outright declaration of war? →

In a sequence of recent rulings starting in 2015, the Dubai courts have confirmed that the doctrine of apparent authority does, after all, apply to the formation of arbitration agreements. The former prevailing position was that apparent authority did not have a place in arbitration, which requires a special (rather than just a general) power of … Continue reading Dubai onshore and offshore courts confirm application of apparent authority to arbitration under UAE law →