REUTERS | Ahmed Jadallah

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 continues or differs from the arbitral practice and procedure established by the UAE Arbitration Chapter, which has been repealed by the new law. Particular focus will be on the issuance and recognition and enforcement of the arbitral award, a subject that is of particular importance given the globally coveted finality of arbitral awards. The most relevant points to note on the subject in the light of the new law are considered below. Continue reading

REUTERS | Mike Blake

Getting the court’s permission to appeal an arbitral award on a point of law under section 69 of the Arbitration Act 1996 (AA 1996) is not straightforward. An applicant must establish not only that the tribunal’s approach to a question of law was obviously wrong or, if the matter is one of general public importance, open to serious doubt (section 69(3)(c)), but also that the other threshold requirements imposed under section 69(3) are met. Continue reading

REUTERS | Jon Nazca

Our Arbitration in Africa series continues with Babatunde Fagbohunlu, SAN, Partner at Aluko & Oyebode in Nigeria.

In Part 1, Babatunde discussed his personal and professional background, including his current role. He also considered arbitral institutions and centres in Nigeria, as well as arbitral procedure. In Part 2, he examines the courts’ support for arbitration in Nigeria, recognition and enforcement of awards, and investment treaty arbitration. He also considers the challenges facing arbitration practitioners and arbitrators in Nigeria, and offers advice to those hoping to pursue an arbitration career in Nigeria. Continue reading

REUTERS | Mohammed Salem

Diversity in arbitral appointments has been in the news again, following the publication of the latest Queen Mary, University of London (QMUL)/ White & Case International Arbitration Survey. The responses to the survey suggest that, to date, the most visible efforts to improve diversity have been seen in the field of gender diversity: almost 60% of the respondents either strongly agreed or agreed that progress had been made. This is perhaps attributable to the efforts of bodies such as Arbitral Women to promote female arbitrators; there is also evidence that female arbitral appointments have increased since the 2015 launch of the Equal Representation in Arbitration Pledge. Continue reading

REUTERS | Darrin Zammit Lupi

Our Arbitration in Africa series continues with Babatunde Fagbohunlu, SAN, Partner at Aluko & Oyebode in Nigeria.

In Part 1, Babatunde discusses his personal and professional background, including his current role. He also considers arbitral institutions and centres in Nigeria, as well as arbitral procedure. In Part 2, he examines the courts’ support for arbitration in Nigeria, recognition and enforcement of awards, and investment treaty arbitration. He also considers the challenges facing arbitration practitioners and arbitrators in Nigeria, and offers advice to those hoping to pursue an arbitration career in Nigeria. Continue reading

REUTERS | Gleb Garanich

The High Court has dismissed yet another challenge to an arbitration award under section 68 of the Arbitration Act (AA 1996) brought on the ground of serious irregularity. In this instance, a decision by a tribunal not to defer its award until further evidence was available did not amount to a breach of its general duty under section 33 of the AA 1996, because deferral may have resulted in delay over an indeterminate but potentially lengthy period. As the AA 1996 charges arbitrators with avoiding unnecessary delay in accordance with the object of arbitration (section 1), on balance, no irregularity within the meaning of section 68 was found. Continue reading

REUTERS | Lucas Jackson

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 commented on then was the official draft bill that was fed into the UAE legislative process in May last year and that has now been adopted in slightly amended form. The comments I made previously on the continuing similarities between the new law and the UAE Arbitration Chapter, which the new law is to replace, remain true; I will, therefore, not repeat them here. However, a number of modifications that may raise eyebrows deserve further scrutiny. These will be discussed in some detail in a series of two consecutive blogs. Continue reading

REUTERS | Cris Toala Olivares

Recently, the Dutch Ministry of Foreign Affairs published a new draft model bilateral investment treaty (BIT) text for public consultation. The aim of this draft text is to replace the 2004 model BIT text and align it with the EU’s model treaty text, as exemplified by the Canada-EU FTA (CETA). The draft text is also an attempt to address the perceived shortcomings of existing investment treaties and the investor-state dispute settlement (ISDS) system. Continue reading