Arbitration under the icc arbitration rules is a formal procedure leading to a binding decision from a. The difclcia arbitration centre, whose rules are based on the lcias, combines the international best practices and reputation of the lcia with an understanding of the local and regional legal and business cultures in the mena region. Oct 11, 2016 the difc lcia arbitration centre has issued its new rules which will apply to all arbitrations commencing on or after 1 october 2016. Dispute shall be finally determined by arbitration in accordance with the arbitration rules of the difc. Difclcia arbitration rules download pdf effective 17 february 2008. The difclcia combines the international best practices and reputation of the lcia with the unique understanding of the local. Aug 01, 2017 the lcia court may also itself determine, after giving the parties a reasonable opportunity to state their views, that two or more arbitrations should be consolidated where those arbitrations are i subject to the difc lcia rules. To readers of this blog, the dubai international financial centre difc is well known as an arbitrationfriendly seat of arbitration in its own right. File requests for arbitration, responses, applications for expedited formation of the tribunal, applications for expedited appointment of a replacement arbitrator, and applications for the appointment of. May 10, 2018 the dubai international financial centre was the preferred seat for the majority of arbitrations filed in 2017 under the difclcia rules, reflecting the default position under the rules.
Difc lcia arbitration rules pdf republic of fenerbahce. Usa europe far east middle east international element jams. Difclcia arbitration rules download pdf adopted to take effect for arbitrations commencing on or after 1 october 2016. The difclcia arbitration centre has issued its new rules which will apply to all arbitrations commencing on or after 1 october 2016. The 2016 rules will replace the former 2008 difclcia arbitration rules 2008 rules for arbitrations commencing on or after 1 october 2016. Comparison of uae and difcseated arbitrations practical law. Comparison of uae and difcseated arbitrations global. Legal database dubai international financial centre difc. In 2008 the difc negotiated an agreement with the lcia pursuant to which arbitrations under difclcia rules would be managed and administered with the lcias assistance. On 1 october 2016, the difc lcia arbitration centre difc lcia released its new difclcia arbitration rules the 2016 rules. Difclcia arbitration centre publishes new rules lnb news 05102016 108. This practice note provides an introduction to the difclcia arbitration centre and to its arbitration rules 2016.
Where any agreement provides for mediation of existing or future disputes under the rules of difclcia arbitration centre, the parties shall be taken to have agreed that the mediation shall be conducted in accordance with the following rules the rules or such amended rules as the difclcia arbitration centre and the court of the lcia the lcia court may have adopted hereafter to take effect. The purpose of this article is to examine the law relating to commercial arbitration in dubai. The new icc rules of arbitration and the lcia rules. The new difclcia arbitration rules 2016 litigation. Quickguide international arbitration clauses ashurst. It is expected that the difc lcia will issue a new set of rules the new rules in the first half of 2016. On 1 october 2016, the difc lcia arbitration centre difc lcia released its new difc lcia arbitration rules the 2016 rules. Preamble a where any agreement howsoever made or evidenced in writing whether signed or not concluded on or before 27 july 2018 inclusive of that date provides in whatsoever manner for mediation under the rules of or by the lcia miac arbitration centre lcia miac, or by lcia miac, the parties thereto shall be taken to have agreed in writing that any mediation between them shall be. Jun 25, 2019 the new difclcia arbitration rules the rules came into force as of 1 october the rules reflect amendments made to the lcia arbitration.
Difc lcia arbitration rules download pdf effective 17 february 2008. Under the difclcia rules, the lcia court retains the same functions as it does under the lcia rules, including the appointment of mediators. This is a feature of difclcia and lcia arbitration. The lcia rules provide for an emergency arbitrator or the expedited formation of the arbitral. B the other arbitration is subject to the difclcia rules commenced under the same arbitration agreement or compatible arbitration agreement and between the same disputing parties provided that. The inclusion in the contract of an lcia arbitration clause also implies that the. Where any agreement, submission or reference provides in writing and in whatsoever manner for arbitration under the rules of the difc lcia arbitration centre, the parties shall be taken to have agreed in writing that the arbitration shall be conducted in accordance with the.
Arbitration under the difclcia rules 2016 practice notes. Preamble a where any agreement howsoever made or evidenced in writing whether signed or not concluded on or before 27 july 2018 inclusive of that date provides in whatsoever manner for mediation under the rules of or by the lciamiac arbitration centre lciamiac, or by lciamiac, the parties thereto shall be taken to have agreed in writing that any mediation between them shall be. References in this note to the lcia rules are to the version of the rules effective 1 october 2014. Where any agreement, submission or reference provides in writing and in. The difclcia arbitration centre, a joint venture between the dubai international financial centre difc and the london court of international arbitration lcia, was established in 2008 and was relaunched in 2015. A comparison element of arbitration icc rule lcia rule commencement of arbitration claimant sends the request for arbitration to the icc secretariat, which then notifies the other party parties. Limited pretrial discovery or disclosure rules international arbitration avoids expansive and expensive pretrial discovery that is prevalent in certain jurisdictions. Nov 23, 2017 the difc lcia arbitration centre a joint venture between the difc and the london court of international arbitration is located in the emirate of dubai but is situated within the difc. File requests for arbitration, responses, applications for expedited formation of the tribunal, applications for expedited appointment of a replacement arbitrator, and applications for the appointment of an emergency arbitrator.
The new difclcia arbitration rules 2016 arbitration notes. It analyses the advantages and disadvantages of using the uae or the difc as a seat of arbitration, including issues relating to. All new applications for arbitration submitted to diac after the aforementioned date shall be governed. The difclcia arbitration rules have been slightly amended with effective date of october 1, 2016. The difc lcia arbitration centre issued new rules that apply to all arbitrations commenced on or after 1 october 2016. Aug 08, 2019 the new difclcia arbitration rules the rules came into force as of 1 october the rules reflect amendments made to the lcia arbitration. An lcia arbitration clause in a contract contains the parties agreement that their dispute will be resolved by an arbitral tribunal and that the arbitration proceedings will be governed by the procedural rules in the lcia arbitration rules, in addition to any mandatory rules at the seat of arbitration. General guidelines for the parties legal representatives articles 18. The difc was the preferred seat for most arbitrations filed in 2018 under the difclcia rules almost 80 per cent, reflecting the default position under the difclcia rules. The difclcia arbitration centre has issued its new rules which will apply to. The difclcias rules on 1 october, the difclcia arbitration centre difclcia released its new difclcia arbitration rules the it is expected that the difclcias adoption of the rules will be viewed as providing an. The difclcia arbitration centre updates its arbitration rules. They also should not be taken to constitute legal advice.
Preamble article 1 request for arbitration article 2 response article 3 lcia court and registrar article 4 written communications and periods of time. This confluence of factors in the difc has contributed to a fourfold increase in arbitrationrelated cases filed in the difc courts from 20 to 2015. Arbitration rules 2008 difclcia arbitration centre. Preamble a where any agreement howsoever made or evidenced in writing whether signed or not concluded on or before 27 july 2018 inclusive of that date provides in whatsoever manner for mediation under the rules of or by the lciamiac arbitration centre lciamiac, or by lciamiac, the parties thereto shall be taken to have agreed in writing that any mediation between. While the parties to an arbitration dispute may jointly determine the scope of discovery, in a typical international arbitration, parties normally are allowed to request. The new registrar will be carefully monitoring and administering cases to ensure they proceed as expeditiously and cost effectively as possible. The icc rules are most commonly used for international arbitration. It is expected that the difclcia will issue a new set of rules the new rules in the first half of 2016. The difclcia arbitration centre a joint venture between the difc and the london court of international arbitration is located in the emirate of dubai but is situated within the difc. This recent development follows a series of initiatives aimed at helping cement dubais position as a regional hub for international commercial arbitration and mediation. The inclusion in the contract of an lcia arbitration clause also implies that the london. Rules 2014 jams international arbitration rules 2016 lcia rules 2014 icc rules 2017 scc rules 2017 hkiac rules 20 siac rules 2016 diac rules 2007 difclcia rules 2016 uncitral rules 20 jurisdictional challenges the tribunal has the article 19 power to rule on its own jurisdiction and the validity of the arbitration agreement challenges to the. Arbitration in the event of any discrepancy or inconsistency between the english version of the lcia rules and the rules in any other language, the english version will prevail. The section provides an overview of the laws and regulations administered by the difc authority including federal laws, dubai laws, difc laws, enactment notices, difc regulations and directives from the registrar of real properties.
Guidance notes london court of international arbitration. The laws of dubai and england and wales were the most frequent contractual choices of law by parties in disputes submitted to arbitration in 2018 under the difc lcia rules. All new applications for arbitration submitted to diac after the aforementioned date shall be governed by these rules. The parties can draw up the arbitral rules themselves, leave the rules to the discretion of the arbitrators or, as is more common, adopt rules specially written for ad hoc arbitration, for example, the uncitral rules. Furthermore, the difc courts have appointed a number of judges with extensive background in international arbitration, giving parties immense trust in all arbitration related court proceedings. The laws of dubai and england and wales were the most frequent contractual choices of law by parties in disputes submitted to arbitration in 2018 under the difclcia rules. Oct 01, 2016 b the other arbitration is subject to the difc lcia rules commenced under the same arbitration agreement or compatible arbitration agreement and between the same disputing parties provided that. Lcia arbitration centre arbitration rules, which rules are deemed to be incorporated by reference into this clause. On 1 october 2016, the difclcia arbitration centre difclcia released its new difclcia arbitration rules the 2016 rules. The icc international court of arbitration opened a branch of its secretariat in 2008 in hong kong. This article analyses the options for arbitration in the uae, including the difc. This booklet contains two discrete but complementary dispute resolution procedures offered by the international chamber of commerce icc.
The difca is responsible for the laws and regulations that regulate the non financial activities within the difc including employment law, companies and commercial law and real estate law. Rules 2014 jams international arbitration rules 2016 lcia rules 2014 icc rules 2017 scc rules 2017 hkiac rules 20 siac rules 2016 diac rules 2007 difc lcia rules 2016 uncitral rules 20 jurisdictional challenges the tribunal has the article 19 power to rule on its own jurisdiction and the validity of the arbitration agreement challenges to the. It analyses the advantages and disadvantages of using the uae or the difc as a seat of arbitration, including issues relating to applicable law, formalities, interim measures, confidentiality, costs, and ratification of local and foreign awards. The new difclcia arbitration rules 2016 litigation, mediation. Developments there are fast apace and have more recently given rise to two challenge actions that, in turn, have raised considerations of arbitrability within the difc and the status of the. The lcia arbitration rules are universally applicable, being suitable for all types of arbitrable disputes. Under the 2008 law, parties that choose the difc as their seat of arbitration do not have to physically conduct the arbitration hearings in the difc and may arbitrate under the rules of any arbitration institution that will administer arbitrations held outside of its immediate locale. The difclcias objectives are to promote and to administer effective, efficient and flexible arbitration and other adr proceedings for parties doing business throughout. Where any agreement, submission or reference provides in writing and in whatsoever manner for arbitration under the rules of the difclcia arbitration centre, the parties shall be taken to have agreed in writing that the arbitration shall be conducted in accordance with the. The new difclcia arbitration rules 2016 herbert smith. The difclcia arbitration centre issued new rules that apply to all arbitrations commenced on or after 1 october 2016. Adopted to take effect for arbitrations commencing on or after 1 october 2016.
Dubai international financial centre al fattan currency house tower 2 level 8 po box 506870 dubai united arab emirates tel. Arbitration under the difclcia rules 2016 lexispsl. The court found that a tribunal had power under article 27. The principles and guidance contained in this note apply equally to any arbitration being conducted under the lcia rules 1998. The difc was the preferred seat for most arbitrations filed in 2018 under the difc lcia rules almost 80 per cent, reflecting the default position under the difc lcia rules. They offer a combination of the best features of the civil and common law systems, including in particular. For the difclcia, 2017 was a promising year, building on the firm foundation that was set in 2016. The difc laws and regulations are developed by the difc authority and the dubai financial services authority. Lcia arbitration rules 2014 lcia arbitration rules 1998 schedules of costs.
To view the documents, please click on the relevant links below. The arbitration rules are those of 2012, as amended in 2017. The difc lcia arbitration centre has issued its new rules which will apply to all arbitrations commencing on or after 1 october 2016. In a nutshell, the new difclcia arbitration rules have incorporated provisions regarding the access to emergency arbitrator see article 9b. These general guidelines are intended to promote the good and equal conduct of the parties legal representatives appearing by name within the arbitration. Generate a pdf document, at the conclusion of the process and. This is a feature of difc lcia and lcia arbitration. The difclcia arbitration centre, a joint venture between the dubai international financial centre difc and the london court of international arbitration lcia, was. If you have chosen to use the standard electronic form, the difclcia online filing system will generate a pdf of the document you have filed, which you can print andor save in order to then send it together with any relevant attachments to the other parties to the arbitration. Maximum flexibility for parties and tribunals to agree on procedural matters. Recommended clauses and procedures for expert determination, adjudication and other forms of adr, to be administered by the difc lcia arbitration centre, or in which the difc lcia arbitration centre is to act as appointing authority, are available on request from the secretariat of the difc lcia arbitration centre.
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