United Arab Emirates: Dubai Arbitration Week 2015

Dubai Arbitration Week 2015 took place last week featuring an extensive programme of events, discussions and debates. The attendance of local and international practitioners, counsel, experts, arbitrators and institutions highlighted Dubai's position and reputation as a regional centre for international arbitration.

16 November 2015

UAE Branch of the CIArb

The week kicked off with an event hosted by the Chartered Institute of Arbitrators in which the discussion focussed on the growth of cross-border international trade, especially into emerging markets with diverse legal systems, which is expected to lead to greater reliance on arbitration as a dispute mechanism and to the diversification of arbitration users and practitioners appointed to represent them in arbitration proceedings.

This shift will directly affect the conduct of arbitration proceedings as users and practitioners from different jurisdictions seek to resolve their disputes in arbitration leading to the prevalence of the question of what constitutes "ethical" and "unethical" conduct.

If arbitration is to maintain its reputation as providing "level playing field" for parties seeking to resolve their disputes, the rules of the game will need to be set out in the development of "Codes of Conduct" which are enforced by Tribunal's and/or domestic courts to prevent any party obtaining a "home team" advantage. 

The UAE is a melting pot of different cultures and legal practitioners, many of whom provide legal services in both a civil law jurisdiction (ie Dubai) and a common law jurisdiction (ie the DIFC). The shift to the East of globalisation means that Dubai is uniquely placed to establish itself as a hub between East and West and North and South and to continue its development as a key arbitral seat.

Dubai Arbitration Lawyers Dining Society (DALDS)

The first social event of Dubai Arbitration had record attendance as the crowd of about 100 diners, including practitioners, forensic, construction and other experts and arbitrators from regional and international jurisdictions continued to discuss enthusiastically the earlier CIArb Centenary event, providing their own predictions for the next 100 years of arbitration.

17 November 2015

MENA Young Arbitrators Conference

The event was co-ordinated between young practitioner groups of institutions and organisations such as the ICDR, ICC, YIAG, DIAC and CIArb.

The recent results of the 2015 International Arbitration Survey conducted by Queen Mary University of London which, amongst other things, highlighted "costs" as the worse feature of arbitration followed by "lack of effective sanctions during the arbitral process", "lack of insight into arbitrators' efficiency" and "lack of speed" provided ample material for attendees to discuss ways in which Tribunals, practitioners and institutions could address such concerns.

Suggestions such as the imposition of deadlines by which final awards were required to be rendered; the publication of time and cost statistics by institutions; and application of clear cut financial sanctions to any Tribunal which fails to render awards in an efficient and timely manner, all provided food for thought to institutions, practitioners and arbitrators alike.

Arbitral Women

The Arbitral Women event held at the Capital Club took the form of a vibrant and light-hearted debate before both male and female attendees on the question of whether female counsel and arbitrators are more effective than their male counterparts.

Following the debate, the discussion continued providing insight into the statistical discrepancy between the number of male and female arbitrators appointments and a number of more personal insights from audience members addressing cultural and social norms experienced by both sexes and the need for the advancement of female arbitrators by both genders to ensure that both sexes are represented equally in the arbitration field.

18 November 2015

ICC Arbitration Event

The ICC event addressed the recently launched ICC Dispute Board Rules and highlighted the benefits to parties seeking to avoid and resolve disputes in the context of construction contracts without recourse to arbitration and/or litigation.

In the second session, members of the ICC International Court of Arbitration and its Secretariat discussed the process by which a detailed review of the parties' positions is carried out by the ICC Court from the outset of any proceedings to ensure that decisions relating to matters such as the advance on costs; decisions on jurisdiction; and the constitution of the Tribunal are key to ensuring the efficient administration of cases.


The relaunch of the DIFC-LCIA Arbitration Centre was held in the DIFC Conference Centre. The event was a joint initiative by the London Court of International Arbitration (LCIA) and the locally established DIFC Arbitration Institute ("DAI"), which will run the DIFC-LCIA Arbitration Centre.

The Panel, comprising the DAI Board of Trustee members and the Head of the Dispute Resolution Authority, were keen to stress that the legislative framework setting up the DAI provided a complete response to concerns as to the constitutionality of the DIFC-LCIA Arbitration Centre and/or the jurisdictional reach of DIFC-LCIA awards raised - 2009.

The DIFC-LCIA Centre will operate parallel to but independently of the DIFC Courts, with the required governance provided by the Board of Trustees and day to day running by a new Registrar whose appointment is imminent.

The Panel discussed current developments in the LCIA Rules, including the benefits of the implementation of the 2014 LCIA Rules dealing with the conduct of party appointed counsel, the expedited formation of arbitral Tribunals and emergency arbitrator procedures.

It is expected that similar amendments will be made to the DIFC-LCIA Rules in the near future.

19 November 2015

GAR Live 2015

GAR Live concluded Dubai Arbitration Week 2015 and was divided into four sessions as follows:

  1. Which Gulf or nearby seat?
  2. GAR Live symposium
  3. Construction arbitration - hot topics
  4. GAR Live debate

The debate between practitioners seeking to promote Egypt, Saudi Arabia, Turkey, the UAE/DIFC and Bahrain as the preferred designated seat reached an expected outcome that: one size does not fit all and parties should seek to elect a seat based on the circumstances relating to the specific contract in question.

The final session of the day was the GAR Live debate on the motion: This house believes that the proliferation of guidelines is slowly killing IA. Whilst couched in extreme terms, there was a lively and thoughtful discussion between participants who were then subjected to challenging questions from the Panel.

Following the debate, there was significant participation from the audience representing the who's who of the legal community in Dubai (and beyond).

Whilst the motion ultimately failed, there was a clear general consensus that the proliferation of non-mandatory rules and guidelines issued by bodies such as the IBA and CIArb seeks to ensure equality in arbitration and, if adopted and applied with common sense, provide a useful point of reference for Tribunals and party counsel from different jurisdictions.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
James Berry and Associates Legal Consultants
BSA Ahmad Bin Hezeem & Associates LLP
In association with
Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
James Berry and Associates Legal Consultants
BSA Ahmad Bin Hezeem & Associates LLP
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions