CHAPTER 40 - United Arab Emirates - Interim Measures in International Arbitration

Author(s):

Gordon Blanke

Khalil Mechantaf

Page Count:

54 pages

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Published:

May, 2014

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INTRODUCTION

The availability of interim relief in arbitration from the UAE Courts

must take account of the role exercised by the DIFC Courts in support of

arbitration. The DIFC Courts are the courts of the Dubai International

Financial Centre (DIFC), a six-acre free zone carved out of the heart of

the Emirate of Dubai. The DIFC has established its own autonomous

offshore legal system modeled on the English common law, which is

governed by a body of laws of its own, which in shorthand are referred to

as the DIFC Laws.2 These include, inter alia, DIFC Law No. 1 of 2008,3

the DIFC Arbitration Law. The DIFC is also home to the DIFC-LCIA, a

sister organization of the London Court of International Arbitration,

which promotes its own Arbitration Rules, the DIFC-LCIA Rules. The

DIFC can serve as a seat of arbitration in its own right, giving rise to the

application of the DIFC Arbitration Law as the curial law and the DIFC

Courts as the curial courts equipped with the typical supportive and

supervisory powers in arbitration. For the avoidance of doubt, the other

leading UAE arbitration centres, i.e. the Dubai International Arbitration