Comparison of Gulf International Arbitration Rules
Comparison of Gulf International Arbitration Rules has been inspired by its sister publications, Comparison of Asian International Arbitration Rules and Comparison of International Arbitration Rules, which were prepared by Simpson Thacher & Bartlett LLP and published by Juris Publishing in 2003 and 2008 respectively.
This volume sets forth the main arbitration rules and regulations available in the
Due to the great number of arbitration institutions that have been forming across the Middle East over the past couple of decades the present overview is confined to the most commonly-used sets of rules in the Gulf region: the Arbitration Rules of the 2007 Dubai International Arbitration Centre (the “DIAC Arbitration Rules”), the 2008 Arbitration Rules of the Dubai International Financial Centre-London Court of International Arbitration (the “DIFC-LCIA Arbitration Rules”), the 1993 Arbitration Regulations of the Abu Dhabi Commercial Conciliation and Arbitration Centre (the “ADDCAC Rules”), the 2006 Arbitration Rules of the Qatar International Centre for Commercial Arbitration (the “QICCA Arbitration Rules”), the 1994 Arbitration Rules of the Gulf Cooperation Council (GCC) Commercial Arbitration Centre (the “GCC Arbitration Rules”) and the 2009 Arbitration Rules of the American Arbitration Association/Bahrain Chamber for Dispute Resolution (the “AAA/BCDR Arbitration Rules”).
Due to their increasing prominence for ad hoc arbitration in the region, the 2005 Arbitration Rules of the Qatar Financial Centre (the “QFC Arbitration Rules”) and the 1976 Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) (the “UNCITRAL Rules”) including recent 2010 revisions are included. Full sets of these rules are appended to the comparative chart that makes up the core of this publication. There is also a comparative table on costs and fees to give the reader a clear idea of filing, administrative and arbitrators’ costs under the various arbitration rules.
The comparative entries in the chart on parallel provisions of the various sets of arbitration rules follows a logical self-explanatory sequence, mapping the course of an arbitration from the commencement of the proceedings to the issuance of the final award. The first two headline entries on the “arbitration clause” and the “arbitral institution” are meant to provide relevant framework information and to assist the client in swiftly identifying the standard wording of an arbitration clause under the relevant rules (to avoid any debilitating pathologies in the famous midnight drafting process of commercial contracts) as well as the main services and functions provided by the arbitration institution concerned. The arrangement of the information and data provided in the various entries is meant to facilitate consultation of the rules on particular comparative aspects, which we hope is further assisted by the detailed table of contents contained at the very beginning of the volume.
Title Page and Table of Contents
ARBITRATION CLAUSE
Model Clause
Effect of Arbitration Clause/Application of Rules
ARBITRAL INSTITUTION
Address/Contact Details
Functions in General
Administrative Decisions
Appointing Authority
Other Assistance
COMMENCEMENT OF ARBITRATION
Notice or Request for Arbitration
Answer and Counterclaims/Reply
Registration Fee/Advance on Costs
Consolidation
Joinder
CONSTITUTION OF THE ARBITRAL TRIBUNAL
Number of Arbitrators
Nationality/Qualifications of Arbitrators
Disclosure by Arbitrators
Appointment of Arbitrators
Challenge of Arbitrators
Replacement of Arbitrators
Truncated Tribunals
Compensation of Arbitrators
Communications between Parties and Arbitrators
Liability of Arbitrators/Arbitral Institutions
GENERAL CONDITIONS
Notices and Communications/Calculation of Periods of Time
Place of Arbitration/Place of Hearings/Place of Deliberations
Language/Translations
Representation and Assistance
Confidentiality/Privacy
PRELIMINARY ISSUES
Jurisdictional Issues
Applicable Substantive Law
Punitive Damages
ARBITRAL PROCEEDINGS
Transmission of File to Arbitrators
Conduct of Proceedings Generally/Applicable Procedural Law
Procedural Rulings
Expedited Proceedings
Terms of Reference/Procedural Timetable/Pre-Hearing Conference
Statement of Claim
Statement of Defense/Counterclaims/Reply
Amendments to Claims/Defenses
Further Written Statements
Time Limits
Disclosure/Discovery
Investigations by Arbitrators
Hearings/Documents-Only Arbitration
Evidence
Witnesses
Experts
Interim Measures
Emergency Interim Measures
Corrective Measures
Court Support
Default.
Waiver of Rules
Closure of Hearings or Proceedings
ARBITRAL DECISIONS/AWARDS
Time Limits for Award
Quorum/Dissents
Place, Form, Notification and Effect of Award
Currency of Award/Interest
Determination and Allocation of Arbitration Costs
Correction, Interpretation or Supplementation of Award
Settlement/Other Termination
Recourse against Award
COMPARATIVE TABLE ON ARBITRATION COSTS AND FEES
UNDER GULF INTERNATIONAL ARBITRATION RULES
Appendix
The Abu Dhabi Commercial Conciliation and Arbitration Centre ("ADCCAC") Arbitration Rules
The DIFC LCIA Arbitration Centre ("DIFC-LCIA") Arbitration Rules
Dubai International Arbitration Centre ("DIAC") Arbitration Rules
The GCC Commercial Arbitration Centre Arbitration Rules
Bahrain Chamber for Dispute Resolution (“BCDR”) Arbitration Rules
Qatar Financial Center (“QFC”) Arbitration Rules - Comparison of Gulf International Arbitration Rules
The Qatar International Centre for Commercial Arbitration ("QICCA") Arbitration Rules
Commercial Conciliation and Arbitration Rules of Qatar Chamber of Commerce and Industry
Arbitrator and Administrative Fees of the Chamber
United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules
Dr. Habib Al Mulla FCIArb
Dr. Al Mulla is Founding Partner and Executive Chairman of Habib Al Mulla & Co, a leading Dubai-based UAE law firm. He is regarded as one of the UAE's most prominent legal authorities and has been recognized as one of the leading individuals in international commercial arbitration in Who's Who Legal 2010. Dr. Al Mulla has acted as counsel, arbitrator and expert on numerous international and domestic arbitrations, both on behalf of private individuals as well as state entities, including the UAE Government. He is the founder of the concept of Financial Free Zones as currently practiced in the UAE and was the architect of the legal structure that resulted in the establishment of the Dubai International Financial Centre (DIFC) as the first Financial Free Zone in the UAE. Dr. Al Mulla is also former Chairman of the Legislative Committee of the Dubai Financial Services Authority (DFSA) (2003-2006) and a former member of the UAE Federal National Council (2002-2005). He is currently also acting as Vice-Chairman of the Board of Trustees of Dubai International Arbitration Centre (DIAC), Vice-President of the Board of Governors of the American University of Dubai, Member of the Board of Trustees of Dubai School of Government, Member of the Board of Trustees of Dubai Ethics Resource Centre, Member of Economic Treaties and E-Commerce Committee of the Dubai Chamber of Commerce & Industry and Member of the Panel of Experts of the Broadcasting and Publications Standards Tribunal of TECOM. Dr. Al Mulla is a member of the world’s major arbitration institutions. He holds an LL.B in Shari'a and law from the UAE University, an LL.M from Harvard Law School, USA, and a Ph.D. from the University of Cambridge, England. He speaks fluent Arabic and English.
Gordon Blanke MCIArb
Gordon Blanke, an English-qualified lawyer, is a Senior Consultant with Habib Al Mulla & Co's International Arbitration Group. He has wide-ranging experience in all types of international commercial arbitration, having acted as advising counsel under most leading institutional arbitration rules (including the ICC, LCIA, DIAC, ADCCAC and JAMS arbitration rules) in arbitrations seated in the US, Europe and the Middle East in relation to a variety of industry sectors. Gordon has also acted as administrative secretary to a number of arbitration tribunals and has served a training period with the ICC International Court of Arbitration in Paris, France. He is widely-published, having authored many books and articles on international arbitration, is a member of the editorial boards of Arbitration, the Journal of the Chartered Institute of Arbitrators in London, and of International Commercial Arbitration Review, published in association with the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry in Moscow, and is a regular speaker on international arbitration. He is a member of a number of the world's leading arbitration institutions. Gordon holds an LL.B from the London School of Economics and Political Science, an LL.M from the University of Luxembourg and the University Robert Schuman in Strasbourg, France, and a Master in Advanced International Studies from the Diplomatic Academy Vienna, Austria. He speaks fluent English, German, French and Spanish.
Karim Nassif
Karim Nassif, a Lebanese-qualified lawyer, is Partner and Head of Habib Al Mulla & Co's International Arbitration and Consultation Group. He has extensive experience in international and domestic arbitration, having acted as counsel under most leading institutional and regional arbitration rules (including the ICC, LCIA, DIAC and ADCCAC) in arbitrations seated in the UK, France and the Middle East in relation to a variety of industry sectors, including private equity, property developments, construction, commercial and distribution contracts, commercial agencies, hospitality, media and concession agreements. Karim is also experienced in commercial contracts, banking, real estate and construction, Islamic finance and instruments. Karim is registered as a member of the DIFC courts in Dubai. He is a regular speaker at conferences and seminars on international arbitration and UAE law. He is a former Lecturer in Civil and Commercial Law of the Lebanese University, Faculty of Law, and La Sagesse University, Faculty of Law, Lebanon. Karim holds an LL.B from Lebanese University and an LL.M from the University of Montpellier 1, France. He speaks fluent Arabic, French and English.
Dr. Habib Al Mulla FCIArb
Dr. Al Mulla is Founding Partner and Executive Chairman of Habib Al Mulla & Co, a leading Dubai-based UAE law firm. He is regarded as one of the UAE's most prominent legal authorities and has been recognized as one of the leading individuals in international commercial arbitration in Who's Who Legal 2010. Dr. Al Mulla has acted as counsel, arbitrator and expert on numerous international and domestic arbitrations, both on behalf of private individuals as well as state entities, including the UAE Government. He is the founder of the concept of Financial Free Zones as currently practiced in the UAE and was the architect of the legal structure that resulted in the establishment of the Dubai International Financial Centre (DIFC) as the first Financial Free Zone in the UAE. Dr. Al Mulla is also former Chairman of the Legislative Committee of the Dubai Financial Services Authority (DFSA) (2003-2006) and a former member of the UAE Federal National Council (2002-2005). He is currently also acting as Vice-Chairman of the Board of Trustees of Dubai International Arbitration Centre (DIAC), Vice-President of the Board of Governors of the American University of Dubai, Member of the Board of Trustees of Dubai School of Government, Member of the Board of Trustees of Dubai Ethics Resource Centre, Member of Economic Treaties and E-Commerce Committee of the Dubai Chamber of Commerce & Industry and Member of the Panel of Experts of the Broadcasting and Publications Standards Tribunal of TECOM. Dr. Al Mulla is a member of the world’s major arbitration institutions. He holds an LL.B in Shari'a and law from the UAE University, an LL.M from Harvard Law School, USA, and a Ph.D. from the University of Cambridge, England. He speaks fluent Arabic and English.
Gordon Blanke MCIArb
Gordon Blanke, an English-qualified lawyer, is a Senior Consultant with Habib Al Mulla & Co's International Arbitration Group. He has wide-ranging experience in all types of international commercial arbitration, having acted as advising counsel under most leading institutional arbitration rules (including the ICC, LCIA, DIAC, ADCCAC and JAMS arbitration rules) in arbitrations seated in the US, Europe and the Middle East in relation to a variety of industry sectors. Gordon has also acted as administrative secretary to a number of arbitration tribunals and has served a training period with the ICC International Court of Arbitration in Paris, France. He is widely-published, having authored many books and articles on international arbitration, is a member of the editorial boards of Arbitration, the Journal of the Chartered Institute of Arbitrators in London, and of International Commercial Arbitration Review, published in association with the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry in Moscow, and is a regular speaker on international arbitration. He is a member of a number of the world's leading arbitration institutions. Gordon holds an LL.B from the London School of Economics and Political Science, an LL.M from the University of Luxembourg and the University Robert Schuman in Strasbourg, France, and a Master in Advanced International Studies from the Diplomatic Academy Vienna, Austria. He speaks fluent English, German, French and Spanish.
Karim Nassif
Karim Nassif, a Lebanese-qualified lawyer, is Partner and Head of Habib Al Mulla & Co's International Arbitration and Consultation Group. He has extensive experience in international and domestic arbitration, having acted as counsel under most leading institutional and regional arbitration rules (including the ICC, LCIA, DIAC and ADCCAC) in arbitrations seated in the UK, France and the Middle East in relation to a variety of industry sectors, including private equity, property developments, construction, commercial and distribution contracts, commercial agencies, hospitality, media and concession agreements. Karim is also experienced in commercial contracts, banking, real estate and construction, Islamic finance and instruments. Karim is registered as a member of the DIFC courts in Dubai. He is a regular speaker at conferences and seminars on international arbitration and UAE law. He is a former Lecturer in Civil and Commercial Law of the Lebanese University, Faculty of Law, and La Sagesse University, Faculty of Law, Lebanon. Karim holds an LL.B from Lebanese University and an LL.M from the University of Montpellier 1, France. He speaks fluent Arabic, French and English.
Title Page and Table of Contents
ARBITRATION CLAUSE
Model Clause
Effect of Arbitration Clause/Application of Rules
ARBITRAL INSTITUTION
Address/Contact Details
Functions in General
Administrative Decisions
Appointing Authority
Other Assistance
COMMENCEMENT OF ARBITRATION
Notice or Request for Arbitration
Answer and Counterclaims/Reply
Registration Fee/Advance on Costs
Consolidation
Joinder
CONSTITUTION OF THE ARBITRAL TRIBUNAL
Number of Arbitrators
Nationality/Qualifications of Arbitrators
Disclosure by Arbitrators
Appointment of Arbitrators
Challenge of Arbitrators
Replacement of Arbitrators
Truncated Tribunals
Compensation of Arbitrators
Communications between Parties and Arbitrators
Liability of Arbitrators/Arbitral Institutions
GENERAL CONDITIONS
Notices and Communications/Calculation of Periods of Time
Place of Arbitration/Place of Hearings/Place of Deliberations
Language/Translations
Representation and Assistance
Confidentiality/Privacy
PRELIMINARY ISSUES
Jurisdictional Issues
Applicable Substantive Law
Punitive Damages
ARBITRAL PROCEEDINGS
Transmission of File to Arbitrators
Conduct of Proceedings Generally/Applicable Procedural Law
Procedural Rulings
Expedited Proceedings
Terms of Reference/Procedural Timetable/Pre-Hearing Conference
Statement of Claim
Statement of Defense/Counterclaims/Reply
Amendments to Claims/Defenses
Further Written Statements
Time Limits
Disclosure/Discovery
Investigations by Arbitrators
Hearings/Documents-Only Arbitration
Evidence
Witnesses
Experts
Interim Measures
Emergency Interim Measures
Corrective Measures
Court Support
Default.
Waiver of Rules
Closure of Hearings or Proceedings
ARBITRAL DECISIONS/AWARDS
Time Limits for Award
Quorum/Dissents
Place, Form, Notification and Effect of Award
Currency of Award/Interest
Determination and Allocation of Arbitration Costs
Correction, Interpretation or Supplementation of Award
Settlement/Other Termination
Recourse against Award
COMPARATIVE TABLE ON ARBITRATION COSTS AND FEES
UNDER GULF INTERNATIONAL ARBITRATION RULES
Appendix
The Abu Dhabi Commercial Conciliation and Arbitration Centre ("ADCCAC") Arbitration Rules
The DIFC LCIA Arbitration Centre ("DIFC-LCIA") Arbitration Rules
Dubai International Arbitration Centre ("DIAC") Arbitration Rules
The GCC Commercial Arbitration Centre Arbitration Rules
Bahrain Chamber for Dispute Resolution (“BCDR”) Arbitration Rules
Qatar Financial Center (“QFC”) Arbitration Rules - Comparison of Gulf International Arbitration Rules
The Qatar International Centre for Commercial Arbitration ("QICCA") Arbitration Rules
Commercial Conciliation and Arbitration Rules of Qatar Chamber of Commerce and Industry
Arbitrator and Administrative Fees of the Chamber
United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules