The UAE parliament[1] has approved a new arbitration law based on the UNCITRAL Model Law. The Cabinet of Ministers will make a final review of the new UAE arbitration law and, afterwards, it will enter into force once the Supreme Council and Sheikh Khalifa Bin Zayed Al Nahyan sign it. Experts do not expect any more in-depth […]
Rectification of ICSID Awards
The rectification of an award under Article 49(2) of the ICSID Convention is a remedy for inadvertent omissions and minor technical errors in an award. It enables the arbitral tribunal to correct mistakes that may have occurred in the award’s drafting in a non-bureaucratic and expeditious manner. Such corrections are provided for in Article 49(2) of the ICSID Convention: […]
International Arbitrator Immunity under UAE Law
International arbitrator immunity is typically provided for in domestic legal regimes. As noted by commentators, “almost all contemporary national arbitration regimes provide international arbitrators with expansive statutory or common law immunities from civil claims based on the performance of their adjudicative functions”[1] for the reason that “[Arbitrators] must of necessity be uninfluenced by any fear of consequences […]
The Enforcement of Arbitral Awards in the UAE
The United Arab Emirates (‘UAE’) ratified the New York Convention in July 2006. There are two ways to enforce foreign arbitral awards in UAE. The recommended one is using the two-level civil court system of the Dubai International Financial Centre (DIFC), since the DIFC courts are generally pro-arbitration and can be expected to enforce a […]
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia?
Do The IBA Rules on the Taking of Evidence in International Arbitration Conflict with Islamic Sharia? Under at least the Hanbali school of Islamic jurisprudence, which is the official fiqh recognized by Saudi Arabia, Article 4(2) of the IBA Rules of Evidence in International Arbitration plainly conflicts with Islamic Sharia as understood by Hanbali jurisprudence. This […]