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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Energy and Natural Resources. 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 contents of this publication, current at the date of publication set out above, are for reference purposes only.
Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication. Events from this Firm.
DIFC-LCIA Arbitration Centre | Herbert Smith Freehills – Arbitration notes
This is different to the ad valorem system adopted by many of the other regional and global arbitration centres. In line with revisions made to the other leading institutions’ rules, the Rules now also include an emergency arbitrator mechanism.
Real Estate and Construction. 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:. Please select a document.
The rules of arbitration are governed by Decree No. Article 6 Nationality of Arbitrators. Hong Kong’s Funding Code Published. Keep up to date Sign up to receive the latest legal developments, insights and news from Ashurst. If the Arbitral Tribunal orders that other party to secure the attendance of that witness and the witness refuses or fails to attend the hearing without good cause, the Arbitral Tribunal may place such weight on the written testimony or exclude all or any part thereof altogether as it considers appropriate in the circumstances.
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 were 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 candidate shall furnish promptly such agreement and declaration to the Registrar.
Access all of the content that you have previously selected to bookmark. For example, the DIFC Courts will intervene in proceedings where an application to enforce an interim measure ordered by the tribunal is made, where a party involved is defiant.
DIFC-LCIA arbitration – Institutional and ad hoc arbitration – Arbitra
diffc Article 9B Emergency Arbitrator. Subscribe to stay up-to-date with latest thinking, blogs, events, and more. Unfortunately, you have reached the maximum number of items allowed. If submitted in paper form, the Response shall be submitted in two copies where a sole arbitrator is to be appointed, or, if the parties have agreed or the Respondent proposes that three arbitrators are to be appointed, in four copies.
DIFC Arbitration Institute appoints new Registrar for DIFC-LCIA
It may take a few minutes to reach its xifc s depending on the size of the document s. This topic may be referred to as: Although “lump sum” type fee amounts have been historically quite popular in the region, many practitioners feel that such an ad valorem system is not fair.
However, it will be interesting to see whether, in practice, parties utilise the Emergency Arbitrator provisions and whether local Courts, particularly in the Middle East, find such emergency arbitration awards to be enforceable.
The Arbitral Tribunal shall decide the amount of such Legal Costs on such reasonable basis as it thinks appropriate. The conciliator’s decision concerning a dispute is not considered binding, but it has the nature of recommendation on a proposal for dispute solving. Conversely, a small but complex claim might require close analysis and consideration of delicate and controversial issues urles law and fact. Failure to deliver any or any part of a Response within time or at all shall not by itself preclude the Respondent from denying any claim or from advancing any defence or cross-claim in the arbitration.
Reema Ashraf illustrates the key limitation periods which exist in the various laws of the UAE. Certain time periods in the Rules have been reduced. 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. Costs to be affected by conduct: 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.