United Arab Emirates - Baker and McKenzie International Arbitration Yearbook 2014-2015
Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015
A. LEGISLATION, TRENDS AND TENDENCIES
Arbitration in the UAE continues to be governed by specific provisions of the UAE Civil Procedures Code (“CPC”).3 A longanticipated stand-alone federal arbitration law intended to remedy the current procedural defects of the CPC, and to bring legislation into line with prevailing international standards and best practice, is yet to be adopted.
A.2 Trends and Tendencies
In Dubai, the new Emirates Maritime Arbitration Centre (“EMAC”) will contribute to, and broaden, the specialist maritime dispute resolution capabilities currently available in the Emirate. It remains to be seen what institutional rules the EMAC rules of arbitration will be modelled on.4
An amendment5 to the Law Concerning the Dubai International Financial Centre (“DIFC”)6 establishes a Dispute Resolution Authority comprised of the DIFC courts and an arbitration institute. It is not yet clear to what extent the arbitration institute will itself dispense arbitration services or whether it will be confined to promoting the profession and practice of arbitration within the DIFC only.7
A draft practice direction, expected to be adopted in January 2015, is another bold initiative by the DIFC to promote its arbitration capabilities.8 The practice direction would allow a DIFC court judgment to be converted into a DIFC-LCIA arbitration award, which could then be enforced overseas through international enforcement instruments, including the New York Convention. If adopted, the Practice Direction would offer a court judgment creditor an alternative, possibly more attractive, method of enforcement.