Dubai International Arbitration Centre (DIAC) - World Arbitration Reporter (WAR) - 2nd Edition
J. Martin Hunter, Barrister, Essex Court Chambers, London; FCIArb; Professor of International Dispute Resolution, Nottingham Trent University; Visiting Professor, King’s College London. Panel of arbitrators at the Court of Arbitration for Sport, and panels of arbitrators of numerous commercial arbitration institutions around the world. Publications include: REDFERN & HUNTER ON INTERNATIONAL ARBITRATION, 5th Ed. (OUP, 2009); THE ENGLISH ARBITRATION ACT 1996; TEXT AND NOTES, in English, French, German and Spanish, with Toby Landau (Kluwer, 1998); Arbitration Title, HALSBURY’S LAWS, 4th Ed. re-issue, with Ben Pilling (Butterworths, 2003); and numerous articles and commentaries on international arbitration. International arbitration activities: Chairman, Dubai International Arbitration Centre; member, International Council for Commercial Arbitration (ICCA); Arbitration Commission of the ICC; Advisory Board of KIIT National Law School, Orissa State, India. Former deputy-chairman, UK Governmental Committee on Arbitration Law Reform; former member, ICC’s Court of International Arbitration, LCIA’s Court of Arbitration.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
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I. BASIC INFORMATION
A. History and Background of the Institution
Dubai is one of the seven Emirates that constitute the Federal State of the United Arab Emirates (UAE), which is a member of the United Nations and an active participant in global affairs. The other Emirates that constitute the UAE are (in alphabetical order) Abu Dhabi, Ajman, Fujairah, Umm al-Qaiwain, Ras al-Khaimah, and Sharjah. The UAE’s federal laws are enacted by a parliament with its seat in Abu Dhabi. In addition, each of the constituent Emirates has its own laws implemented by Emiri decree. The Presidency and Premiership of the UAE are hereditary to the Al Nahyan clan of Abu Dhabi and to the Al Maktoum clan of Dubai respectively.
Dubai has been ruled by the Al Maktoum dynasty since 1833. Dubai’s current Ruler, His Highness Sheikh Mohammed bin Rashid Al Maktoum, is also the Prime Minister and Vice President of the UAE.
Under the entrepreneurial leadership of Sheikh Mohammed, Dubai experienced extraordinary growth through the early years of the twenty-first century. In order to cater for this growth, a national plan was established. This included the establishment of international arbitration centres providing dispute resolution services to commercial parties from different countries that would not ordinarily gravitate to the Dubai courts in order to resolve their disputes.
Dubai used to host to two international dispute resolution centres, the Dubai International Arbitration Centre (DIAC) and the Dubai International Financial Centre – London Court of International Arbitration (DIFC-LCIA) Arbitration Centre. In recent years, a third dispute resolution centre was established, the Emirates Maritime Arbitration Centre (EMAC), which offered a forum for the resolution of local and international maritime disputes. In September 2021, Decree 34 of 2021 Concerning the DIAC then abolished the DIFC-LCIA and the EMAC and made the DIAC the sole arbitral institution of Dubai. It further specified that all arbitral agreements providing for DIFC-LCIA arbitration remained valid with the DIAC substituting the DIFC-LCIA unless the parties agree otherwise. Moreover, all employees, property, financial support from the Government as well as the list of arbitrators, mediators and experts are to be transferred to the DIAC. To accommodate the needs of common law parties, the DIAC is to open an office in the DIFC zone.
DUBAI INTERNATIONAL ARBITRATION CENTRE (DIAC) - TABLE OF CONTENTS from World Arbitration Reporter (WAR) - 2nd Edition
DUBAI INTERNATIONAL ARBITRATION CENTRE (DIAC)
I. BASIC INFORMATION
A. History and Background of the Institution
B. The Structure and Organisation of DIAC
C. The Arbitration Rules of the Institution
D. Model Arbitration Clause
E. Model Submission Agreement
F. Administrative Fees and Other Service Charges
II. ARBITRAL PROCEDURE BEFORE DIAC
A. Commencing an Arbitration
1. Request, Answer, and Counterclaim
2. Existence of an Arbitration Agreement
B. The Tribunal
1. Composition
2. Nationality
3. Expedited formation
4. Challenge of an arbitrator
5. “Truncated tribunal”
C. The Proceedings
1. Seat of the arbitration
2. Language
3. Applicable procedural rules
4. Preliminary meeting
5. Statements of claim and defence
6. Hearings
7. Witnesses and experts
8. Interim and conservatory measures
9. Closure of proceedings
D. Awards
1. Time limits
2. The award
3. Interpretation, correction and additional awards
4. Partial awards
III. APPENDIX
A. Rules of the DIAC
B. Institution Contact Details
C. Bibliography