Posts from Blanke Arbitration LLC

Your signature, please: recent developments under article 41(3) of FAL

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

The OIC Agreement and its MFN clause: a question of scope

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

UAE public policy at the crossroads between onshore and offshore: a variable geometry of sorts

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

The ADGM courts adopt memorandum of understanding on enforcement of awards with UAE MoJ

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

COVID-19 and arbitration in the Middle East: a cloud with a silver lining?

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?

Article 19 of the UAE Federal Arbitration Law: a first test

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

Article 7 JAL: de-fining and re-fining its scope of application

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

The first arbitration-related cases of the ADGM courts (Part 2): [2019] ADGMCFI 0007

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

The first arbitration-related cases of the ADGM courts (Part 1): [2019] ADGMCFI 0004

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 ADGM Arbitration Centre Arbitration Guidelines: soft law hardcore…

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…

ADGM and EMAC on course for co-operation

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

The UAE Federal Arbitration Law one year in: taking stock

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

The ADGM adopts memorandum of understanding with Ras Al Khaimah Courts on enforcement of awards

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