The new DIFC-LCIA Arbitration Rules (the Rules) came into force as of 1 October The Rules reflect amendments made to the LCIA Arbitration . The DIFC-LCIA’S Rules On 1 October , the DIFC-LCIA Arbitration Centre (“DIFC-LCIA”) released its new DIFC-LCIA Arbitration Rules (the ” It is expected that the DIFC-LCIA’s adoption of the Rules will be viewed as providing an enhanced regime for energy, infrastructure and.
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Please use the checkboxes to select at least one document. The Rules include an annex with new general conduct guidelines.
This Index comprises both defined and other undefined terms. Provision for emergency arbitrators has also proven to be a popular addition. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. The grounds that a counter party could rely on to oppose such an application pursuant to DIFC Arbitration Law are set out in its Article 44 sub paragraphs a and b.
The new DIFC-LCIA Arbitration Rules: 10 things you need to know | Ashurst
This topic may be referred to as: Certain common elements are featured in a number of these updates, including provisions dealing with multi-party arbitration and measures intended to increase the efficiency of arbitration, the latter in response to concerns about the escalating costs of arbitration.
As to form, a hearing may take place by video or telephone conference or in person or a combination of all three.
This has led to disputes over which law governs the arbitration agreement in circumstances where the seat e. For example, a respondent now has 28 days to submit a response to a request for arbitration, rather than 30 days Article 2. You are using Google Translate. Unfortunately, you have reached the maximum number of items allowed. During the emergency proceedings, any application to and any order by such court or authority shall be communicated promptly in writing to the Emergency Arbitrator, the Registrar and all other parties.
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For this purpose, a hearing may consist of several part-hearings as decided by the Arbitral Tribunal. In deciding whether to grant or withhold such approval, the Arbitral Tribunal shall have regard to the circumstances, including: Interestingly, the Rules also grant a power to the tribunal to sanction arbitrattion representatives in the event of poor conduct.
The Danger Of Striking Blindly: General guidelines atbitration intended to promote the good and equal conduct of the parties’ legal representatives ” are attached to the Rules as an Annex and Article Dubai is different to the law governing the parent agreement e. News Lcua this Firm. The Tribunal and the parties are encouraged to make contact to discuss the conduct of proceedings as arbitraton as practicable, and, in any event, no later than 21 days after notification of the formation of the Tribunal.
Interested in the next Webinar on this Topic? Mr Justice Phillips in the Commercial Court granted an application pursuant to ruless 67 of the Arbitration Act AA challenging an arbitral award for lack of substantive jurisdiction. If the application is granted, for the purpose of forming the Arbitral Tribunal the LCIA Court may abridge any period of time under the Arbitration Agreement or other agreement of the parties pursuant to Article The new provisions include innovations which consumers of international arbitration have come to expect, and which have, in recent years, been incorporated into rules issued by the DIFC-LCIA’s global competitors.
The parties can “opt out” arbitratioj this feature, and it will not apply to arbitration agreements concluded prior to 1 October unless the parties have “opted in”. Provisions intended to address this include:. The analysis of the data compiled shows the median and mean of both costs and duration as follows: The candidate shall furnish promptly such agreement and declaration to the Registrar.
THE NEW DIFC-LCIA ARBITRATION RULES 2016
The new rules are available in both English and Arabic languages. The Rules also provide for an accelerated procedure for the appointment of a replacement Article 9Crevocation and challenges to appointment Article 10 and nomination of a replacement arbitrator Article Article 7 Party and Other Nominations. The Tribunal now has an express power to consider the conduct of the parties during the course of the arbitration when deciding costs, including any cooperation that facilitates proceedings and non-cooperation resulting in delay and unnecessary expense Article It is necessary to provide expressly for party nomination.
The Rules follow these trends, incorporating rules addressing each of these innovations. Article 12 Majority Power to Continue Deliberations. There is also now a new online filing system which will allow parties to: Reema Ashraf illustrates the key limitation periods which exist in the various laws of the UAE.
The application shall set out, together with all relevant documentation: In its Summons, the Defendant Company had sought orders pursuant to Order 18, Rule 19 1 of the RSC that the entirety of the Plaintiff’s claims against it should be struck out.
If a “Dubai” seat is chosen the curial courts will difd the local, Arabic language courts which do not currently benefit from an up-to-date arbitration law.
Article 25 Interim and Conservatory Measures. Any correction shall take the form of a memorandum by the Arbitral Tribunal. Updated on 15 Oct In addition to the arbigration well-known DIFC Courts, an arbitration centre was to be created to provide alternative dispute resolution services i. Article 5 of the NYC sets out an exhaustive list of grounds based on which a court can refuse the recognition aarbitration enforcement of an award, these being the following:.
Such transmission may be made by any electronic means, in addition to paper form if so requested by any party. Consolidated arbitrations can reduce costs, save time and avoid the complications inherent in parallel related arbitrations.
Please select a document. By agreeing to arbitration under the Arbitration Agreement, gules parties shall be taken to have agreed not to apply to any state court or other legal authority for any order for security for Legal Costs or Arbitration Costs. The New Rules contain new provisions which will allow for the consolidation of multiple arbitrations subject to the satisfaction of a few conditions.