REUTERS | Jumana El Heloueh

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, in relevant part, albeit not exclusively, based on the UNCITRAL Model Law, which in itself has lifted the perception of UAE-seated arbitrations that are governed by the new law to a new level. The UAE is now seen as a Model Law jurisdiction that complies with international best standards and practice. Continue reading

REUTERS | Toby Melville

In Sabbagh v Khoury, the Court of Appeal confirmed the court’s jurisdiction to grant an anti-arbitration injunction (AAI) in exceptional cases where it would be vexatious and oppressive because of proceedings in England. Additionally, it held that it was not necessary for the exercise of that jurisdiction to show that England was forum conveniens. Continue reading

REUTERS | Esam Omran Al-Fetori

In General Dynamics United Kingdom Ltd v The State of Libya, the English Court of Appeal, comprised of Etherton MR and Longmore and Flaux LJJ recently gave judgment reversing, in part, a decision of Males LJ in the English Commercial Court. Males LJ had held that service of an order permitting the claimant to enforce an arbitral award against a sovereign state must be effected through the Foreign and Commonwealth Office (FCO) (see my earlier blog). Continue reading

REUTERS | Mike Blake

Arbitration means flexibility, or so we are always told. But flexibility to do what? To fly around the world attending multiple meetings in remote locations? To create huge bundles of documents for hearings and insist that a full cast of witnesses attend too? It sometimes seems that way. Continue reading