Unilateral option clauses ("UOCs"), also known as asymmetric or split arbitration clauses, grant one party the exclusive right to choose between litigation and arbitration while binding the other…
Dubai Courts’ reversal on recoverability of legal fees in arbitration under the ICC rules
Earlier this year, the Dubai Court of Cassation (“DCC”) issued a judgment (“DCC Judgment 1”) setting aside an…
In September 2021, the United Arab Emirates (“UAE”) issued Decree No. 34 of 2021 (“Decree 34”) by which the DIFC Arbitration Institution, the administering body of the DIFC-LCIA arbitration centre (“…
On 5 February 2024, the Dubai Court of Cassation (“DCC”) issued a judgment in Commercial Case No. 821/2023 (“DCC Judgment”). It upheld an earlier judgment of the Dubai Court of Appeal (“CoA”) which…
Amongst the strides taken by the United Arab Emirates (“UAE”) in recent years, there is the improvement made to the enforcement process of foreign awards in the UAE courts. This post examines the…
Abu Dhabi’s latest foray, the Abu Dhabi International Arbitration Centre, came into effect on 1 February 2024. Branded and referred to as arbitrateAD, its new set of arbitration rules (“arbitrateAD…
The United Arab Emirates (“UAE”) courts have traditionally held that arbitration is an exceptional means of resolving disputes. However, in recent years, there has been a significant shift in the UAE…
In a recent decision, Case No. 10/2023 dated 24 October 2023, the General Assembly of the Dubai Court of Cassation decided to reverse a position introduced by the Dubai Courts of Cassation in around…
In a region characterized by infrastructure projects and ambitious architectural feats that shape the nation’s skyline, arbitration has emerged as a common choice in the industry for settling…
In a recent decision, the General Assembly of the Dubai Court of Cassation (“General Assembly”) decided that non-payment of the advance on arbitration costs does not affect the arbitration clause…
