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𝐏𝐨𝐬𝐭 8 𝐢𝐧 𝐭𝐡𝐞 𝐔𝐀𝐄 𝐂𝐂𝐃𝐐 𝐒𝐞𝐫𝐢𝐞𝐬 𝐖𝐡𝐚𝐭 𝐚𝐫𝐞 𝐭𝐡𝐞 𝐔𝐧𝐢𝐪𝐮𝐞 𝐀𝐝𝐯𝐚𝐧𝐭𝐚𝐠𝐞𝐬 𝐰𝐡𝐢𝐜𝐡 𝐔𝐀𝐄 𝐡𝐚𝐬 𝐚𝐬 𝐚 𝐒𝐞𝐚𝐭 𝐨𝐟 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧? UAE has certain unique factors which work in favour of it becoming a preferred seat in the near future. 1.    Geographically, UAE is the preferred seat of Arbitration in the Middle East & North Africa (MENA) region. 2020 ICC Dispute Resolution Statistics reflect that Dubai was the 6th most chosen seat in the MENA Region by the parties & by ICC Court. The World Justice Project Rule of Law Index 2023 points to UAE’s Rank 1 in the MENA Region. 2.    The MENA region is growing commercially due to large scale ongoing projects in the construction industry, as well as energy, sports & entertainment sectors. The MENA jurisdictions are also parties to various MITs & regional treaties. Therefore the region is very vibrant with respect to international #arbitration & a growing need for dispute resolution. 3.    English is the global language of trade & commerce. While English is not the top language in the UAE, it is still amongst the top 5. This also becomes a unique facet which UAE has to offer. For instance, while parties have the option of ADCCAC, or Dubai onshore arbitration with the Arabic language, they also have the option of choosing a DIFC or ADGM seat which not only provide the advantage of choosing the language as English, but also common law system instead of the Civil or Sharia Law. 4.    Also, while DIAC’s 2007 rules provide that if parties had not agreed to a seat of arbitration, Dubai onshore courts would be chosen as default seat, with the civil law becoming applicable, this position has now changed. Under the DIAC’s 2022 rules, DIFC becomes the default seat, where common law would be applicable & DIFC Courts would have supervisory jurisdiction. In one stroke this step dispels fears not only of language but also the applicability of common law. 5.    Another step in the right direction was the repeal of Penal Law Article 257 which provided for an arbitrator’s criminal liability. This provision caused serious concern amongst arbitration professionals working in the UAE. The amending law now removes their exposure to criminal liability for a perceived failure to act with “objectivity & integrity” in a UAE seated arbitration. 6.    UAE’s quick adoption of technology into the arbitration process is a huge positive for it. Article 28(2)(b) of the New UAE Arbitration Law provides that the Arbitral Tribunal may, ‘unless otherwise agreed by the Parties… hold arbitration hearings with the Parties & deliberate by modern means of communication &electronic technology'. It also authorizes parties to agree to conduct arbitration hearings remotely. Therefore, as regards technological adoption UAE is way ahead of the curve owing to being a relatively newer jurisdiction to adopt the model law. #CCDQ #CCDQbyGunjan

Equity in Arbitration: Language Choice as a Measure of Fair Treatment A compelling argument arises regarding the profound changes in Saudi arbitration law, particularly concerning language requirements. It is contended that the competent court's imposition of a specific language for arbitration proceedings undermines the fundamental right of parties to choose. This restriction risks eroding the autonomy of arbitration, a cornerstone of the process. Notably, the previous Saudi Arabia Old Law of Arbitration mandated Arabic as the sole language for arbitration involving Saudi and foreign non-Arabic-speaking parties, raising concerns about fairness and equality. Johannes Lundblad underscores the importance of equal treatment in language selection, advocating for tribunals to adjust language for parity. However, such tribunal decisions could be overridden by arbitration laws favoring predetermined languages. Encouragingly, the New Law of Arbitration is Saudi Arabia reflects a pivotal shift, granting parties the liberty to select their arbitration language, signaling a progressive departure from previous restrictive practices. ----------------------------------------------------------- - Old Law of Arbitration, Royal Decree No. M/46 (1983) (Saudi Arabia). - New Law of Arbitration, Royal Decree NO. M/34 (2012) (Saudi Arabia). -Determining the Language of Arbitration, International Law Office (2007), available at https://lnkd.in/dS2dxatj #LAW #legal #Arbitration #SaudiArabia #Saudi #ADR

📢 Major Legal Transformation Alert! Dive into our latest commentary on the groundbreaking reforms in Saudi Arabia's legal sector. Discover how the Kingdom is opening its doors to foreign law firms, allowing full non-Saudi ownership - a move set to revolutionise the business landscape and boost foreign investment. Don't miss out on how these changes could reshape the future of legal services in Saudi Arabia. Read the full article here: https://lnkd.in/eBRqUBVv #LegalReform #SaudiArabia #ForeignInvestment #BusinessEnvironment Addleshaw Goddard Arab News Homam Khoshaim

🌟 Dubai International Arbitration Centre (DIAC) has released its 2023 Annual Report, showcasing remarkable growth and increased global influence! 🌟 Following significant reforms, DIAC has rapidly evolved as a key arbitration hub, positioning Dubai as a leading international arbitration seat. In 2023, DIAC handled 355 cases, a 4.4% increase from the previous year. This includes 323 administered arbitrations—an impressive 11% rise—and DIAC’s first administered mediation under its newly launched Mediation Rules (October 2023). Additionally, DIAC managed 31 appointing authority cases, further underlining its versatility in dispute resolution. These advances stem from a major restructuring that began in 2021, integrating the Emirates Maritime Arbitration Centre and the former DIFC-LCIA into DIAC, streamlining arbitration services under one umbrella. Commitment to Diversity and Inclusion DIAC emphasizes inclusivity and diversity, achieving nearly equal gender representation with 47% of tribunal appointees being women. Arbitrators from 29 countries participated, supporting DIAC’s mission to maintain a globally inclusive dispute resolution platform. With cases involving parties from 49 countries—primarily across the Middle East, Africa, and South Asia (MEASA)—DIAC's international reach is evident, particularly as it sees growing demand across these regions. Sector Focus and Key Enhancements In 2023, construction and real estate disputes dominated DIAC’s caseload (almost 60%), followed by banking and finance (10%). Recent reforms have also introduced expedited proceedings, emergency arbitrator appointments, and solutions for complex multi-party and multi-contract cases, enhancing DIAC’s agility and efficiency. DIAC’s continued innovation and commitment to high standards have made it a trusted name for diverse and complex arbitration needs. As the Centre grows, it reaffirms Dubai’s position as a strategic, forward-thinking hub for international arbitration. #DIAC #DubaiArbitration #DisputeResolution #LegalInnovation #LegalUpdates #Mediation #RealEstateLaw #ConstructionLaw

Navigating International Arbitration - Role of the Courts https://lnkd.in/dxAXR7pJ In the global business arena, international arbitration plays a pivotal role in resolving cross-border disputes. Authored by Amr Reda Abdullatif , LL.M, LL.M Legal Counsel at Kortech - Hassan Allam Holding, the recently published practice note, "International Arbitration – Role of the Courts," offers valuable insights into Oman's legal framework governing arbitration. This comprehensive resource delves into the limited circumstances under which Omani courts may intervene in arbitration proceedings, shedding light on their supportive and supervisory role. By understanding the nuances of national courts' involvement, legal professionals can navigate the complexities of international arbitration with greater confidence and effectiveness. Access more resources covering Omani legal jurisdictions through Lexis Middle East. Register for a free trial today: https://lnkd.in/dqCT3r8v #InternationalArbitration #LegalInsights #OmanLaw #LexisMiddleEast

“Enforcement of arbitral awards in Egypt” Enforcement of arbitral awards in Egypt is primarily governed by the Egyptian Arbitration Law No. 27 of 1994, which was amended by Law No. 121 of 2020. Under these laws, arbitral awards are generally enforceable in Egypt. To enforce an arbitral award in Egypt, the part who are seeking enforcement must submit an application to the competent court. The court will review the award and, if satisfied, issue an order for its enforcement. There is a time limit for applying for the enforcement of arbitral awards in Egypt. Generally, the application for enforcement must be submitted within 15 years from the date of the award. The competent Egyptian judge does not have the authority to amend the judgment or to suspend its execution until the appeal against the judgment is decided in another court. Enforcement of arbitral awards in Egypt may be refused if it is found to be contrary to public policy. #BadawyLawOffice #Law #LawOffice #Legal #Egypt #Arbitration #ArbitrationLaw

🌍 What did I learn at the Mina Vis Moot Launch in Dubai? Today, I had the privilege of attending the Mina Vis Moot Launch, an inspiring event hosted by the Dubai International Arbitration Centre (DIAC) in collaboration with the U.S. Department of Commerce Commercial Law Development Program . This marks the 32nd Willem C. Vis International Commercial Arbitration Moot , and it was truly an enlightening experience! Who were the key speakers? The event featured two remarkable speakers: Erin Miller Rankin, Vice President of the DIAC Arbitration Court, who shared invaluable insights into the evolving landscape of arbitration in the region. Prof. Dr. Mohamed Abdel Wahab C.Arb, FCIArb, whose expertise in international arbitration provided a deeper understanding of best practices and the future of dispute resolution. What were the highlights? Emerging Trends: How is the UAE positioning itself as a hub for international arbitration? Practical Advice: What key strategies should law students and young professionals adopt to succeed in this competitive field? Why does this matter? With the global business environment continuously evolving, understanding the nuances of arbitration is essential for legal professionals. I’d love to hear your thoughts! What aspect of arbitration do you find most intriguing? How can we better prepare the next generation of legal professionals for this field? Let’s discuss in the comments! #MinaVisMoot #Arbitration #DIAC #LegalProfession #InternationalLaw

The importance of a well drafted and well thought dispute resolution clause becomes crucial in any transaction or commercial relationship when parties are in dispute. Under Egyptian law, parties are free to choose the applicable law in arbitration proceedings seated in Egypt and this is applied in practice; however, in court proceedings, in practice, the Egyptian courts rarely apply foreign laws. Our Cairo disputes team, Sherif Maher and Mohamed El Mahdy share their insights on ‘midnight clauses’ and participated in The Legal Industry Reviews’s first Egypt edition. Read the full article here: https://bit.ly/4aI49ks #egypt #disputeresolution #arbitration #commercialdisputes

🌍 The Global Rise of Mediation: A Robust ADR Ecosystem 🌍 Countries around the world are recognizing the importance of mediation as a vital component of their legal systems. Here’s how different nations have developed robust mediation ecosystems to provide expedient and expeditious Alternative Dispute Resolution options to their citizens: 🇹🇷 Turkiye: Diverted 5 million cases to mediation with a remarkable 70% success rate. 🇬🇧 United Kingdom: Mediation services handle £20 billion worth of cases annually as per Centre for Effective Dispute Resolution (CEDR) Mediation Audit Report 2023) 🇨🇳 China: In 2021 alone, 5.6 million cases were diverted from courts to mediation service providers. 🇸🇦🇶🇦🇦🇪, Pakistan’s SIFC target countries for attracting investment, are all signatories to the Singapore Convention on Mediation. We at Legal Aid Society - Pakistan and Musaliha International Center for Arbitration & Dispute Resolution (MICADR) are proud to have build ecosystems that has put 🇵🇰🇵🇰🇵🇰 on this map but there is still a long way to go. Visit us at www.micadr.com to figure out what we’ve been up to. #Mediation #ADR #LegalInnovation #GlobalJustice #DisputeResolution #MediationSuccess

English law and the quality of dispute resolution in England and Wales underpins international trade and investment in the UK, the second-largest legal market in the world. The Law Society examines the performance of the UK’s main dispute resolution centers compared to international courts and arbitration centers in other jurisdictions – including New York, Dubai, Singapore, and Hong Kong – and assesses the economic value of English law. Key findings from our research include: - the London Commercial Court remains the leading international center for the resolution of complex commercial litigation, - more maritime disputes are referred to London than anywhere else in the world, - English law is frequently chosen by parties as the governing law in international arbitration, - The value of UK legal services exported to other countries continues to rise. On the last point, the total exports increased from £6.07bn in 2018 to £7.25bn in 2022 and there is still a growing level of demand internationally for expertise in English law. The link to the report is in the comment. #englishlaw #arbitrationcenter #londoncourts #lawyers #lawfirms #legalservice