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