Key Developments in Relation to Arbitration in Dubai
The International Bar Association annual conference in Dubai in November put the spotlight on the arbitral regime in Dubai. Several “hot topics” were discussed, including the possibility that counsel representing parties in arbitrations in Dubai would be charged a hefty fee by the Dubai government and the prospect of a new United Arab Emirates (UAE) federal arbitration law based upon the UNCITRAL Model Law. We learned that the former was not a real concern for lawyers not based in the country full-time; while the latter is apparently back on the table after it was first raised in 2008.
Questions regarding arbitration in Dubai usually focus on enforcement in general, and, particularly, th [...]
Radio Interview: Dispute Resolution in Saudi Arabia
Jerome Martin, Senior Associate at law firm Clyde & Co talks to Dubai Eye’s Business Breakfast radio show about Dispute Resolution in Saudi Arabia. I am posting this note and the link to listen to the podcast in full the for the benefit of our readers.
“What chances you have if it all goes wrong and what companies are moving and looking to do business there.
Jerome goes on to discuss the following in more detail:
* There are a number of reasons as to why Dubai based companies should be thinking about Dispute Resolution
o The kingdom is engaged in unprecedented amounts of spending and presents a lot of opportunities for companies to benefit. They need to understand what their l [...]
Is It Time to Amend the Articles Regulating Arbitration in Qatar?
There are two legal jurisdictions in Qatar with laws containing specific provisions related to arbitration: the State of Qatar and the Qatar Financial Center (the “QFC”). The latter is a separate jurisdiction with its own laws within the state. The QFC Law provides for the arbitration of commercial disputes in relation to contracts that have been concluded under QFC Law. The QFC has set Arbitration Regulations in 2005, which are based on the UNCITRAL Model Law; however, until today there were no cases trialed under the QFC Rules.
Until today there is no independent arbitration law in Qatar. Articles 190-210 of Law No 13 of 1990 The Civil and Commercial Code of Procedure (the “CCP”) r [...]
Egypts Unrest – Dubai’s Moment of Opportunity?
January 28, 2011 – violent protests rocked Egypt;
February 2, 2011 – political anxiety and ongoing unrest in Egypt threaten to shake other economies;
February 11, 2011 – Mubarak resigned.
March 22, 2011 – fire at Egypt interior ministry;
April 17, 2011 – ex-ministers to be tried.
Recently, a significant amount of unrest has occurred in Egypt in which traditionally the leading arbitral institute for the Middle East resides. The Cairo Regional Centre for International Arbitration (the Cairo Centre) has enjoyed being the leading international arbitration in the Middle East region for several years; however, the regional unrest may dissuade international businesses from going to Egypt [...]
The Death of the Secondary Boycott Against Israel
At the recent Northwestern Law School conference on the Israeli-Arab Dispute and International Law I had the good fortune to address one of the few bright spots in current Arab-Israeli relations.
Most international law scholars of the Arab-Israeli conflict seem to know little about international trade, and focus almost exclusively on the laws of war in their discussion of Middle East relations. Therefore when I was choosing my topic for discussion, I decided to analyze the current status of the Arab League boycott against Israel. The secondary boycott, of course, involves the blacklisting of any corporation that does business in Israel.
As a result of the secondary boycott, Arab consumers [...]
Dispute Resolution in Abu Dhabi (Part 3) – A Lot Now Rides on Success of the DAB System
The most commonly used form of construction contract in the Gulf is the FIDIC form. Although the FIDIC forms, for project procurement and consultantcy services, progressed slowly over the years, culminating in the burst of colours in the suite of contracts issued in 1999, some parts of the Middle East still use the 1987 (Red Book) version. Indeed, most government contracts in Oman are based on the 1981 version of the Red Book, updated marginally in clause 67.
In Abu Dhabi, some years ago, a decision was made by the government here to prepare, under license from FIDIC, two bespoked forms of the contract – build only, and design and build. Those forms were issued in 2007 accompanied by t [...]
