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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One of the consequences of this is that the arbitration agreement may be governed by a different law to that of the parent agreement. These mirror the grounds set out in Article 5 of the NYC mentioned above. Each party must also ensure that all of its representatives “appearing by name” before the Tribunal have agreed to comply with the guidelines in the Annex of General Guidelines Article 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.
In contrast, the Rules were silent regarding this issue. While the full impact of the above changes remains uncertain due to their recent publication, taking into account the experience of the LCIA after similar revisions ocia made to its rules inparties to arbitration under the Rules can invoke, and rely upon, new provisions intended to increase efficiency and reduce costs, allow for consolidation of arbitrations, enable appointment of an emergency arbitrator and memorialize expectations concerning conduct of counsel.
The LCIA Court may also proceed with the arbitration notwithstanding that the Request is incomplete or the Response is missing, late or incomplete. You may rrules at any time. 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: Article 4 Written Communications and Periods of Time.
This can have implications for the enforceability of the arbitration agreement or its interpretation. Article 8 Three or More Parties.
DIFC Arbitration Institute appoints new Registrar for DIFC-LCIA
Please select a document. A decision by the Arbitral Tribunal that such other agreement is non-existent, invalid or ineffective shall not entail of itself the non-existence, invalidity or ineffectiveness of the arbitration clause.
The default language is Arabic, unless the parties expressly choose English. Article 9B Emergency Arbitrator. Across the Rules, there has also been a general refreshment and reworking of the language.
In deciding whether to grant or withhold such approval, the Arbitral Tribunal shall have regard to the circumstances, including: Media, Telecoms, IT, Entertainment. Article 18 Legal Representatives. This has led to disputes over which law governs the arbitration agreement in circumstances where the seat e.
DIFC-LCIA arbitration – Institutional and ad hoc arbitration – Arbitra
The centre practices locally, across GCC and internationally. Readers should take legal advice before applying it to specific issues or transactions. Article 27 Correction of Award s and Additional Award s. Such changes are conditional on the Tribunal’s approval which it is entitled to withhold if it feels the changes or additions would compromise the composition of the Tribunal or the finality of the award Article By agreeing to arbitration under the Arbitration Agreement, the 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 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. 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:. The Arbitral Tribunal shall not be required to apply the rates or procedures for assessing such costs practised by any state court or other legal authority.
Worldwide Europe European Union U. In line with revisions made to the other leading institutions’ rules, the Rules now also include an emergency arbitrator mechanism. 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 Energy and Natural Resources.
Any decision on costs by the Arbitral Tribunal shall be made with reasons in the award containing such decision. Information and services Justice, safety and the law Litigation procedures Alternative methods to settle disputes Key arbitration institutions. The UAE mGovernment is not responsible for the accuracy of information in the translated language.
The DIFC as the default seat of arbitration The Rules provide that the default seat of arbitration is the DIFC in the absence of any agreement between the parties, although parties are free to agree to any seat of arbitration Article General Guidelines for the Parties’ Legal Representatives.
Article 11 Nomination and Replacement. Save for reasoned decisions on arbitral challenges under Article 10, such determinations are to be treated as administrative in nature; and the LCIA Court shall not be required to give reasons for any such determination. Click here to register your Interest.
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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 difv which it may consider relevant in the circumstances. The courts of the seat of the arbitration will be the competent courts to assist and support, and within limited areas, to supervise and control the arbitral proceedings.
If the Arbitral Tribunal considers the request to be justified, after consulting the parties, it shall make the additional award within 56 days of receipt of the request.
Conciliation is conducted through a mediator accredited by the centre or selected by both disputing parties. The application shall set out the specific grounds for exceptional urgency aarbitration the expedited formation of the Arbitral Tribunal. The Rules were silent on consolidation — the process through which two or more separate proceedings are combined into one single set of proceedings. Article 5 Formation of Arbitral Tribunal.
The changes will increase confidence among legal practitioners, arbitrators and commercial users and ensure that the DIFC-LCIA maintains a prominent position as an arbitration centre in the GCC region.
This now removes any uncertainty.
When the Arbitral Tribunal not being a sole arbitrator establishes a time for what it contemplates shall be the last submission from the parties whether written or oralit shall set aside adequate time for deliberations as soon as possible after that last submission and notify the parties of the time it has set aside.
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