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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Interestingly, the Rules also grant a power to the tribunal to sanction legal representatives in the event of poor conduct. The LCIA Court shall also take into account the transaction s at issue, the nature and circumstances of the dispute, its monetary amount or value, the location and languages of the parties, the number of parties and all other factors which it may consider relevant in the circumstances. An Emergency Arbitrator must decide a claim for xifc relief as soon as arbitratiob, and no later than 14 days following his or her appointment.
Arbitration Rules 2016
Any order by the emergency arbitrator will tules subject of scrutiny by the arbitral tribunal once formed. As to form, a hearing may take place by video or telephone conference or in person or a combination of all three. Article 15 Written Statements. Imprisonment fears have been allayed for arbitrators and party-appointed experts involved in UAE-seated arbitrations following the latest amendments to Article of the UAE Penal Code.
Article 5 Formation of Arbitral Tribunal. A large but relatively straightforward claim may require simple analysis of uncomplicated matters. In contrast, the Rules were silent regarding this issue.
Included therein are provisions that prohibit, among other things, i activities intended to unfairly obstruct the arbitration or to jeopardize the finality of any award, ii knowingly making any false statement and iii relying on false evidence 7. Thank you for submitting your feedback.
The PDF server is offline. Article 23 Jurisdiction and Authority. The centre settles financial and commercial disputes that arise between financial or business institutions and arbitrtaion clients or between them and third parties that choose to apply the provisions of Islamic law and sharia arbigration in resolving disputes through reconciliation or arbitration.
If the application is granted, for the purpose of expediting the appointment of the replacement arbitrator the LCIA Court may abridge any period of time in the Arbitration Agreement or any other agreement of the parties pursuant to Article More from this Firm.
The parties undertake to carry out any award immediately and without any delay subject only to Article 27 ; and the parties also waive irrevocably their right to any form of appeal, review or recourse to any state court or other legal authority, insofar as such waiver shall not be prohibited under any applicable law.
In the event of any disparity between electronic and paper forms, the paper form shall prevail. The new provisions include innovations divc consumers of international arbitration have come to expect, and which have, aritration recent years, been incorporated into rules issued by the DIFC-LCIA’s global competitors. The reasons for such decision shall be stated in any award made by the remaining arbitrators without the participation of the absent arbitrator.
This Index comprises both defined and other undefined terms. Thereafter, the Tribunal can consult with the parties and order that a different seat of arbitration applies.
In accordance with Articles Any order by the Emergency Arbitrator may be confirmed, varied, discharged or revoked in whole or in part by the Arbitral tribunal once appointed, either upon arbitrahion own initiative arbitratoon on the application of any party.
If submitted in arbiteation form, the Request shall be submitted in two copies where a sole arbitrator is to be appointed, or, if the parties have agreed or the Claimant proposes that three arbitrators are to be appointed, in four copies. If the last day of such period is an official holiday or non-business day at the place of that addressee or the place of the party against whom the calculation of rkles appliesthe period shall be extended until the first business day which follows that last day.
The rules of arbitration are governed by Decree No. We bring together lawyers of the highest calibre with the technical knowledge, industry experience and regional know-how to provide the incisive advice our clients need. Article 27 Correction of Award s and Additional Award s. Give us your feedback so we can improve your experience. You are using Google Translate.
DIFC Arbitration Institute appoints new Registrar for DIFC-LCIA
Hong Kong has published its long-awaited Code of Practice for third party funders, and announced that amendments to the Arbitration Ordinance which permit funding of Hong Kong. Reema Ashraf illustrates the key limitation periods which exist in the various laws of the UAE. Notably, however, the availability of such procedure does not prejudice any party’s right to apply to a state court or other legal authority for interim or conservatory measures before formation of the tribunal and it is not to be treated as an alternative or substitute for the exercise of such right Article 9.
Legal Notice The contents of this publication, current at the date of publication set out above, are for reference purposes only. 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. Parties now have to notify all other parties, the Tribunal and the Registrar if there are any changes or additions to the parties’ legal representatives following the Tribunal’s formation Article Article 5 of the NYC sets out an exhaustive list of grounds based on which a court can refuse the recognition and enforcement of an award, these being the following:.
As a result of this action, the DIFC-LCIA inherited several changes intended to enhance and expedite arbitration proceedings, some of which are discussed below:. An objection that the Arbitral Tribunal is exceeding the scope of its authority shall be raised promptly after the Arbitral Tribunal has indicated its intention to act upon the matter alleged to lie beyond its authority. The new rules are available in both English and Arabic languages. Article 21 Expert s to Arbitral Tribunal.
Article 19 Oral Hearing s.