In recent times, the UAE has made positive strides on the global arbitration charts. According to the ICC Dispute Resolution Statistics 2024, the UAE advanced from eighth to fifth place globally as a…
The principle of competence-competence is widely recognized in international arbitration. In the UAE, it is codified in Article 19.1 of the Federal Law No. 6 of 2018 on Arbitration (“Arbitration Law…
For a very long time, certain UAE courts used to refuse the enforcement of awards that were signed only on the last page, while other courts allowed enforcement of such awards. The position on this…
When the UAE Federal Law No. 3 of 2022 ("New Agency Law") introduced the possibility of submitting commercial agency disputes to arbitration, it marked a small revolution. Historically, the laws…
It is difficult to ignore the elephant in the room: Defaulting DIFC-LCIA arbitration clauses to the Dubai International Arbitration Centre (“DIAC”) pursuant to Decree No. 34/2021 Concerning the Dubai…
Unilateral arbitration clauses (also referred to as asymmetrical arbitration clauses) have been the subject of considerable debate as they typically involve granting one party the right to choose…
In recent years, the electronic signature of awards has become widely accepted under various laws and institutional rules, particularly as a result of the increased reliance on the virtual world…
Two recent judgments, one from the United States (US) District Court for the Eastern District of Louisiana (“Louisiana Court”) and another from the Singapore High Court (“Singapore Court”), have…
There has been a requirement in the United Arab Emirates (“UAE”) for witnesses to take an oath when giving their testimony in arbitration proceedings. Awards that relied on testimonies of witnesses…
A topic that has been hugely debated in the arbitration world is whether non-payment of the advance on arbitration costs constitutes waiver of the arbitration clause. The answer to this debate does…