The new DIAC arbitration rules now replace the once applicable Rules of Commercial. Conciliation and Arbitraion of Dubai Chamber of. Although the Proposed New Rules will be issued by Decree thus having force of law (as is the case with the current DIAC Arbitration Rules. The DIAC has revised and improved its Arbitration Rules. The draft of the new DIAC Arbitration Rules awaits approval before they will have.
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Signature of awards The current position regarding the signature of arbitral awards is contained within Article 4 of the Civil Procedure Code. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
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The new DIAC Arbitration Rules
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We set out below our initial thoughts on the main outlined changes of the Proposed New Rules.
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Because of the generality of this arbitraion, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. This change to the rules will be welcomed by practitioners in the region as it will allow a smoother arbitral process, reduce the need for multiple parallel proceedings to take rulrs and thereby reduce the costs involved. As is true of most websites, we gather certain information automatically.
The New DIAC Arbitration Rules
Previously, legal fees were not considered recoverable on the basis of the Dubai Court of Cassation’s decision in Case No. This document and any information accessed through links in this document is provided for information purposes only and does not constitute legal advice. Its sets out what the Request for Arbitration must contain, who it is to be sent to, how many copies are needed and what the next steps are in the arbitration.
Under the New DIAC Rules, claims arising out of or in connection with more than one contract can be made in a single arbitration provided that certain conditions are met. Expedited procedure Under the New DIAC Rules a party will be able to request that proceedings be dealt with on an expedited basis where: It also covers expedited formation of the tribunal and how a tribunal will be appointed when there are multiple parties.
If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile. Consolidation of multiple contracts The Current DIAC Rules do not contain any provision for the consolidation of multiple disputes under multiple contracts and make very limited provisions for the appointment of a tribunal in a multi-party context.
The Proposed New Rules also expressly recognise that parties’ legal fees can be financed by way of third party funding. This is a precedent letter from one party to its opponent initiating the appointment of a sole arbitrator by the exchange of lists. We will make all practical efforts to respect your wishes. This change is linked to promulgation of a new Arbitration Law of the United Arab Emirates earlier this year. Power to sanction counsel?
They also give the possibility of control over draft awards, which did not previously exist. Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the ” My Account ” dashboard available if you are logged into your JD Supra account.
To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. The Current DIAC Rules do not contain any provision for the consolidation of multiple disputes under multiple contracts and make very limited provisions for the appointment of a tribunal in a multi-party context.
The expedited arbitration would be decided by a sole arbitrator and on the basis of written submissions only, with shortened deadlines being imposed on the parties and a final award being issued within three months of referral under this procedure.
Approved by the Ruler of Dubai and issued in the local Official Gazette, they superseded the rules from No need to sign the award in Dubai. The processes for controlling and deleting cookies vary depending on which browser you rulea.
This Precedent was written in partnership with Clifford Chance. You can always arbbitration this page for the latest version. An email address must include at least one letter or number before and after the ‘at’ sign and must end in co. Download International Arbitration Brochure. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your Arbittation Supra account ” Registration Data “such as your:.
This differs from the Current DIAC Rules which do not set any guidelines as to when a party can apply for expedited proceedings to take place.
Nabeel Ikram Partner Dubai.