A recent amendment to Dubai International Financial Centre (DIFC) Law No. 1 of 2008, the DIFC Arbitration Law, brings the DIFC into line with the New York Convention (on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958). DIFC Law No. 6 of 2013, the Arbitration Law Amendment Law (the “Amendment Law”), which implements the amendment, was adopted on 15 December 2013. In the terms of the DIFC Authority’s own coverage, “[t]he amendments to the Arbitration Law 2008 have been made to ensure alignment of DIFC to the New York Convention, which require[s] a court of a member state to have the obligation to dismiss or stay an action, upon request of [...]
A recent ruling of the Abu Dhabi Court of Cassation (see Appeal No. 519 of 2013, ruling of the Abu Dhabi Court of Cassation of 2nd October 2013) has done well to surprise the local arbitration community: It exudes a certain measure of inventiveness of the UAE Courts in matters of arbitration and demonstrates a level of arbitration-friendliness that international observers would usually fail to ascribe to the UAE Courts, which – in the past – have tended to attract attention for their skepticism of arbitration as a viable private dispute resolution mechanism as an alternative to the courts. Not so in the present instance, which gave rise to a ruling by the Abu Dhabi Court of Cassation in [...]
A recent ruling of the Dubai Court of Appeal (see Case No. 1/2013 – Commercial Appeal, ruling of the Dubai Court of Appeal of 9 July 2013) gives new hope that despite the Dubai Court of Cassation’s disappointing approach in Case No. 156/2013 (see my blog of 21st October 2013), the UAE courts are, in principle, firmly committed to and will – bar very minor, politically-motivated exceptions – enforce foreign arbitral awards (at least provided they have been issued in another Convention country) in the terms of the New York Convention (see Convention on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958, as ratified and hence implemented in UAE law by U [...]
In a blog earlier this year (see my blog of 12 March 2013), I expressed concerns about a Dubai Court of First Instance ruling (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18 December 2012) that in complete disregard of the prevailing provisions of the New York Convention (see Convention on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958, as ratified and hence implemented in UAE law by UAE Federal Decree No. 43 of 2006) and the Bi-lateral Enforcement Convention between the UAE and France (see Convention on Judicial Cooperation and the Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Unit [...]
A lot of positive commentary has been lavished out on the new Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) Arbitration Rules, which entered into force with effect from 1st September 2013. It is, of course, difficult to deny that the new Rules are a huge improvement on the old ADCCAC Regulations, as they were called in their now outdated form. The new Rules read more like a modern set of international arbitration rules, giving proper consideration to now widely-adopted modern thinking on party representation, the sequence of procedural milestones in an arbitration, the notion of the severability of the arbitration agreement, the constitution of the tribunal and the indepe [...]
In a ruling of 3rd February 2013 (Case No. 282/2012 – Real Estate Cassation, judgment of 3rd February 2013 of the Dubai Court of Cassation), the Dubai Court of Cassation has found against the recoverability of Counsel fees in arbitrations under the 2007 Rules of the Dubai International Arbitration Centre (DIAC). In doing so, the Dubai Court has given a distinctly restrictive interpretation to the wording of the provisions on cost contained in the DIAC Rules. As a result, the Dubai Court of Cassation affirmed the enforcement of a DIAC arbitration award in part only, setting aside the award of Counsel fees in the minor amount of AED 110,000.
In the Dubai Court’s view, the cost provisions o [...]