International Commercial Arbitration in the United Arab Emirates: A
Look at Developments in Dubai, and Abroad
By Mahmoud Fadli
Introduction
The United Arab Emirates has seen a massive economic boom in the past
ten years, transforming the country from a sparsely inhabited desert to
a modern concrete jungle. Surges in oil prices have allowed the nation
to see unprecedented levels of growth, with the Emirate of Dubai seeing
an almost relentless construction boom over the past ten years,[1]
helping the UAE become a regional business hub of the Middle East.[2]
This boom as attracted business from all over the world as they compete
to establish distribution centers in the UAE to serve the region.[3]
With this boom comes its many challenges, one of which pertains to
disputes between companies operating in Dubai. Many companies prefer
arbitration as opposed to in-court litigation due to the lower costs,
increased efficiency, and flexibility allotted to the parties in
arbitration.[4] This is especially true in the international business
context where businesses are operating out of two different countries.
Given the nature of the growth in the United Arab Emirates, and the
undeniable involvement of foreign investment that helped shape it, this
paper will look briefly at Commercial Arbitration in the UAE as a
whole. I will begin by giving the reader a brief historical overview of
the United Arab Emirates, and then give a glimpse into the nation’s
civil and Shari’a[5] courts. The paper will then look at Arbitration in
the two most powerful Emirates of the UAE: Dubai and Abu Dhabi, and
will specifically look at the Dubai’s DIAC and DIFC-LCIA arbitration
centers. Finally, the paper will analyze recent developments in the
creation of the Takheem Sharjah International Arbitration Center in the
Emirate of Sharjah, which began in 2009, and conclude with expectations
for the future of the UAE in the realm of commercial arbitration.
The United Arab Emirates
To begin, it is important to know about the make up of the UAE. The
United Arab Emirates consists of a federation of seven Sheikhdoms: Abu
Dhabi, Dubai, Ajman, Al-Fujayrah, Sharjah, Ras Al-Khaimah, and Umm
Al-Quwain.[6] The Capital of the United Arab Emirates is Abu Dhabi,
which is also geographically the largest sheikhdom in the Emirates.[7]
Consisting mainly of Muslims (96%), the UAE also has small minority
Christian and Hindu populations, many of whom are foreign.[8] The
nation is bound by its constitution, which was first drafted in 1971,
the same year the UAE was established.
The
UAE signed and drafted a provisional constitution on July 18, 1971,
with the constitution becoming final upon the passage of a
constitutional amendment law in 1996.[9] The UAE also joined the United
Nations that same year.[10] Allegedly modeled after the constitution of
Kuwait, the Constitution of the United Arab Emirates establishes a
“four-tiered constitutional monarchy,” lead by the Supreme Council of
the Union (SCU).[11] The SCU comprises of the seven Sheikhs (the
leaders of each of the seven Emirates) who act as the final reviewers
of proposed laws and amendments, and act to formally ratify laws.[12]
It is important to note that the chairman of the SCU is also the
President of the United Arab Emirates.[13] Below the SCU is the Council
of Ministers, or the CoM. As the name implies, the CoM is, in essence,
the cabinet of the UAE, and members of the CoM work with other councils
to promulgate laws for the UAE’s Federal (or Union) Laws.[14]
Below the CoM is the Federal National Assembly, or the FNA. The FNA
comprises of a forty-member assembly and “performs an advisory
function, undertaking non-binding reviews of bills tabled by the
CoM.”[15] Finally, there is the Judiciary, which is organized on
three-levels and operates under the principles of both civil law and
Shari’a law. As with a federation, there is the application of Federal
Law (also called “Union Law”) and local law, and each Emirate has its
own local court system that exercises “concurrent jurisdiction on
matters outside the scope of federal law.”[16] Of the seven Emirates,
Dubai and Ra al-Khaimah are not yet part of the federal court system,
and thus do not subscribe to the rulings of the federal courts. At the
very top of the UAE judiciary is the Supreme Court of the Union, or SCU
(hereinafter “UAESCU” to avoid confusion with the Supreme Union
Council).[17] Union laws and decrees emanate from the UAESCU and are
binding upon the five fully subscribed Emirates of the UAE.[18] In
addition, where there is a conflict between Federal/Union law and local
law, Federal/Union Law shall prevail.[19]
Article 7 of the UAE Provisional Constitution declares Islam as the
official state religion of the UAE and that Shari’a is the main source
of law.[20] Shari’a law, in essence, is law that is derived from the
Islamic Holy Book, the Qur’an, and the examples in the life of the
Prophet Mohammad, called Sunnah. Within Sunnah there is “hadith,” which
is comprised of the sayings of the Prophet Mohammed. The Hadith is also
considered a potential source of Shari’a, but this varies on the
particular school of thought.
The Court System in Dubai: A Closer Look
A
closer look at the Court System is Dubai is warranted before diving
deep into the various arbitration mechanisms in place in the emirate.
Dubai, the first emirate this paper will be focusing upon, has a
“two-tiered court structure,” with the first tier being the Islamic, or
Shari’a, Courts and the second being the civil courts.[21] All
commercial and financial matters, including all matters pertaining to
banks, are within the jurisdiction of the civil court.[22] Shari’a is
thus subordinated to civil law in “the determination of civil
matters.”[23] This, however, does not mean that Shari’a is not
considered by the civil courts when hearing matters. It is worth noting
that Article 14 of the Dubai Courts Law of 1970 provides, inter alia,
that a “judge of the civil court must exercise his power in accordance
with… the provisions of the Sharia…”[24]
While it is rare that a commercial dispute would ever, in the first
instance, be brought before a Shari’a court, it is not impossible. If
the laws of the emirate “were found to be silent (non liquet)” or if
there were questions of public policy and order,” then there may be a
chance that the matter would first arrive at a Shari’a court and not a
civil court.[25] A common example used to highlight this potential
conflict is the concept of interest, known as “riba” in Shari’a. Many
Islamic scholars believe, and as such Shari’a usually reflects, that
interest on “sums lent or owed” is forbidden.[26] If an arbitration
award or a foreign judgment that contained interest was sought to be
enforced in Dubai, problems of “public policy and order” may arise.
This is important in the context of arbitration. With this brief
overview of the court system, an overview of arbitration in Dubai and
in the context of Shari’a is warranted.
Arbitration in Dubai
Arbitration in the Dubai is governed by the Federal Code of Civil
Procedure, which was adopted in 1998.[27] Despite amendments to the
code in 2005, commentators noted that “the provisions that concern
arbitration are not sufficient to prevent the default application of
Shari’a principles by Dubai courts.”[28] While Shari’a is open to
arbitration, and by some accounts it actually encourages it, the
requirements for arbitration under Shari’a law in Dubai are different
than what is set forth in, for example, the UNCITRAL model rules.[29]
For
example, arbitrators under Shari’a must have the same qualifications as
a judge, and must be an adult male Muslim and learned in Shari’a.[30]
Contrary to Western forms of arbitration, under Shari’a, the parties
have limited powers to nominate arbitrators under Shari’a as it does
not permit “party tailoring of the appointment process for
arbitrators.”[31] In addition, the powers of the arbitrator vary under
Shari’a, which grants arbitrators broad powers to intervene in the
course of the proceedings.[32] Of the most concern is Shari’a only
permitting arbitration agreements for disputes that are currently
ongoing.[33] While Shari’a is silent on agreements to arbitrate future
disputes, many scholars have interpreted this silence as a prohibition.
Thus, the practical implications of this are clear: Shari’a courts will
not enforce contractual arbitration clauses that are meant to resolve
future disputes.[34] However, it is important to note that Shari’a
nonetheless “treats agreements to arbitrate as being revocable until an
award is rendered.”[35] Whether this is a judicially created
interpretation or simple practice is not clear.
Furthermore, choices of procedural law provisions are quite different
under Shari’a. It is noted that “the same procedural and substantive
laws applicable to Shari’a adjudication proper are mandatory in Shari’a
arbitration.”[36] This is at odds with Western theories and practices
in arbitration that allow for the parties to have substantial say in
whether they choose to apply foreign procedural and substantive laws to
their dispute. Finally, some interpretations of Shari’a do not allow
for arbitral rulings that affect third parties, which can be
problematic. [37]
Arbitration in Dubai and the Federal Code of Civil Procedure
Despite the limitations in Shari’a law as compared to Western models of
arbitration, the Federal Code of Civil Procedure, which is now in force
in Dubai, does touch upon arbitration.[38] The relevant code provisions
are Articles 203 to 218.[39] Under the Federal Code of Civil Procedure,
an arbitration agreement must be in writing, evincing a “clear
intention of the parties to submit any dispute arising out of their
agreement…” to arbitrate.[40] Moreover, UAE law does not recognize the
authority of counsel to sign arbitration agreements on behalf of their
clients; this has been often held to mean that “the parties must sign
themselves if they are natural, or by the hand of their officers if
they…” are corporate bodies.[41] In addition, court orders compelling
arbitration and stays are subject to appeal in the federal court system
(through the Courts of Appeal) in both the UAE generally and in Dubai’s
specifically oriented courts.[42]
While the limitations above can be troublesome, the Federal Civil
Procedure Code does allow for full party autonomy to appoint
arbitrators.[43] The failure of one party to appoint an arbitrator
pursuant to an arbitration agreement will allow the other party to
request the court to nominate for them or simply compel them to
arbitrate.[44] Furthermore, the code requires that arbitrators all be
present at the hearings, sign hearing records and hear the arguments of
the parties.[45] Decisions are made by simple majority of the
arbitrators.
Moreover, the code allows for court applications for removal of a
particular arbitrator, usually on the grounds of bias, and the
imposition of a six-month time limit on the granting of awards by the
tribunal.[46] This time can be extended by agreement of the
parties.[47] In addition, the powers of the arbitrator are conditioned
upon the arbitration agreement itself, and thus the scope of the
arbitrator’s powers is within the full discretion of the parties.[48]
As with many civil law countries, UAE law “allows for limited discovery
only,” though the parties are free to agree upon full discovery and
“empower the arbitrator to make orders for the same…”[49] With the
arbitrator’s powers comes the ability to suspend proceedings until
certain matters are determined by a local court. Such matters include
document forgery, considered a criminal matter, or whether a “matter is
capable of settlement through arbitration,” which may be a contractual
issue (though sometimes, public policy considerations may play a
part).[50]
Disputes that can be Arbitrated and the Enforcement & Annulment of
Awards
All awards that are handed down in the course of arbitration are
subject to the Federal Civil Code.[51] The requirements for a valid
award are that it be signed by the arbitrator, state the facts of the
dispute, the legal reasons for the decision, and that it must be dated
and accompanied by the arbitration agreement itself.[52] Moreover, the
award and accompanying documents must be translated to Arabic if they
were handed down in any other language.[53]
An award may be annulled, however, only upon procedural grounds, which
are listed in Articles 216 and 217 of the Federal Code.[54] Reasons for
annulment include awards that were made without an arbitration
agreement, on the basis of an invalid arbitration agreement, where the
arbitrator has exceed the terms of the agreement itself, where the
appointment of the arbitrators was inconsistent with Federal Law, where
the aware was made without a full panel of arbitrators, where a party
lacked the capacity to execute the arbitration agreement, or where one
or more of the arbitrators does not fulfill the legal requirements to
hold the position.[55] There are also vague grounds under Article
216(1)(C), stating that an award can be annulled if “something invalid
in the ruling or in the procedures affecting the ruling” occurred
during the arbitration.[56] This has been known to cause considerable
problems in ensuring the enforceability of awards handed down pursuant
to valid arbitration clauses.
The
common types of disputes typically arbitrated or send for alternative
dispute resolution are put into a number of categories. There are ‘Time
Disputes,’ which pertain to delays in construction projects which
result in the imposition of liquidated damages and other compensatory
measures.[57] Moreover, ‘Quality Disputes,’ which pertain to the
expected level of workmanship on certain projects, were commonly sent
for ADR.[58] Finally, payment disputes pertaining to compensation for
work already completed were also commonly sent for ADR.[59]
Foreign Judgments & Awards and their Enforcement
Before they can be enforced, awards rendered in the UAE must be
“ratified,” offering the respondent an opportunity to “plead out its
claim for annulment,” and show how the award offends the Federal
Code.[60] The same applies for foreign judgments, though an additional
requirement is added: the dispute “must not have been within the
jurisdiction of any UAE court at the time it arose.”[61] If after
review it appears that UAE courts did in fact have jurisdiction at the
time that the dispute arose, foreign judgments will not be
enforced.[62] Even if the party can show that the dispute was not
within the jurisdiction of any court in the UAE, the courts will still
condition enforcement on proof of reciprocity.[63] Moreover, the
Federal Code prohibits contractual provisions that “conflict with the
jurisdictional articles of the Federal Code,” meaning that any attempt
to contract out of the jurisdictional requirement would be
unenforceable.[64]
As a
result of these limitations, Dubai looked to alternative and creative
solutions to ensure that arbitrations and their results are more
predictable and in line with widely accept international standards. The
solutions came in the form of the Dubai International Arbitration
Center (DIAC) and the Dubai International Financial Centre’s
partnership with the London Court of International Arbitration.
The Dubai International Arbitration Centre (DIAC)
First created in 1994, the DIAC was formed as “an independent
arbitration institution with a Board of Trustees, the majority of whom
are foreign and whose members are drawn from the ‘great and good’ of
the international arbitration world.”[65] The Centre boasts itself to
be “an autonomous, permanent, non-profit institution” that “provides
the regional and international business communities with an exclusive
service at affordable rates.”[66] The DIAC allows parties to settle
national and international disputes under the DIAC Statute or in
accordance to the rules agreed upon by the parties to the dispute.[67]
Moreover, Article 23(c) ensures that confidentiality is maintained
throughout any and all arbitration proceedings.
By
Decree No (11) in 2007, new rules were applied to the DIAC, and are
considered to be “among the most modern and developed set of
international arbitration rules due to their inclusion of best
arbitration practices.”[68] Institutions such as the International
Chamber of Commerce (ICC) and the London Court of International
Arbitration also follow similar rules, with the DIAC going further and
incorporating examples from the UNCITRAL Model Law.[69] Included is the
authority for the arbitral tribunal to “make any temporary and urgent
orders during an arbitration hearing when so requested by the parties,”
which was considered a major development given that arbitrators did not
have that ability in the past.[70] Arbitrators are also given the
ability to choose to conduct the arbitrations outside Dubai.[71]
Another advantage of the DIAC is that the arbitration is to be
conducted in the language of the agreement unless provided for
otherwise, and if the agreement itself is drafted in more than one
language, the Executive Committee of the DIAC may select a language
provided that the parties have not agreed otherwise.[72]
These developments have made the DIAC an attractive venue for
arbitration between local and international companies. Another key
development in the Dubai with implications for the UAE as a whole is
the Dubai International Financial Centre and its partnership with the
London Court of International Arbitration. The DIFC-LCIA partnership
will be reviewed in the next section.
The DIFC-LCIA Partnership
The
DIFC was established in September of 2004 as “an on-shore international
financial centre, occupying a 110-acre site in the heart of Dubai’s
financial district.”[73] The DIFC established its own legal and a
regulatory framework as a result of it being independent of the UAE’s
civil and commercial laws.[74] The DIFC, essentially a free zone within
the UAE, has a common-law-based legal system, making it an attractive
venue for companies in the United States, the United Kingdom and other
common-law countries.[75] The rules are “based on a combination of
civil and common law principles,” and are “tailored to meet the needs
of dispute resolution at the DIFC.”[76] Prospects of a reliable
arbitration center in Dubai were further realized when the UAE ratified
the New York Convention in 2006.[77]
The
DIFC boasts a “two-tiered” court system containing a Court of First
Instance and a Court of Appeal.[78] Judges are appointed by Decree of
the Ruler of Dubai, and appeal’s court decisions are made by a simple
majority.[79] Unlike arbitration under the Federal Code, arbitration in
the DIFC can occur without any physical connection to the DIFC.[80] In
other words, parties who wish to utilize DIFC arbitration services do
not have to physically be in Dubai. However, to do so, the parties must
specifically express their intention to arbitrate in the DIFC. For
example, the DIFC Court of First Instance in 2009 considered “whether
the seat of an arbitration was ‘onshore’ Dubai or the DIFC…”[81] The
arbitration clause of the contract in question stated that the
applicable law was to be “the ‘laws of the Emirate of Dubai,’” and that
the “’place’ of arbitration was ‘Dubai.’”[82] The issue was whether the
clause established the DIFC as the arbitral seat despite the fact that
the very same clause stated that any dispute would be “resolved through
arbitration conducted in accordance with ‘the DIFC-LCIA rules of
arbitration…’”[83]
Irrespective of the arguments presented by both sides, the Court of
First Instance determined that the court must first determine the
intention of the parties when the clause in question was drafted.[84]
After reviewing the clause and the evidence, the court determined that
there was a connection between the clause and ‘onshore’ Dubai as
opposed to the DIFC, and that any connection with the DIFC was
minimal.[85] The court also noted that the clause referred to “Dubai in
several places, and in the dispute resolution clause referred
specifically to the DIFC…” and that the parties were “not strangers to
the idea of different jurisdictions within the Emirates and could have
specified the DIFC as the seat had this been their intention.”[86]
The
important take away from this is while the DIFC-LCIA is an attractive
venue for arbitration, it is best practice to explicitly state in the
arbitration clause that the seat of the arbitration is to be the
DIFC-LCIA.[87] While it may be burdensome, the advantages of using the
DIFC-LCIA are apparent. The partnership with the LCIA would allow for
parties to choose from a list of highly reputable and certified
arbitrators from both the DIFC and LCIA.[88] With progressive rules,
international partnerships with leading institutions, and the
application of common-law within the boundaries of the DIFC, the
DIFC-LCIA arbitration center will likely be a hub for arbitration
between foreign companies in Dubai.
Abu Dhabi: The Abu Dhabi Commercial Conciliation and Arbitration Centre
The
Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) was
established in 1993 by the Abu Dhabi Chamber of Commerce and
Industry.[89] Being a sub-branch of the Abu Dhabi Chamber of Commerce
and Industry, the ADCCAC does not have its own arbitration law like the
DIFC.[90] Instead, the ADCCAC operates under the UAE Federal Code of
Civil Procedure, and as a result suffers “significant drawbacks” in
arbitral award enforcement.[91] The Abu Dhabi Chamber of Commerce &
Industry holds the responsibility of guaranteeing the “independence of
its registered arbitrators in the performance of their duties.”[92] The
ADCCAC allows for arbitration clauses to be written prior to any
dispute arising, with the rules stating that the “parties to a contract
may agree to have disputes settled by arbitration under the ADCCAC
Rules or hey may elect ADCCAC arbitration once a dispute has arisen,”
which is advantageous over Shari’a, which does not permit such
clauses.[93]
Moreover, under the ADCCAC, the language of the proceedings is to be
Arabic, unless the parties agree otherwise.[94] However, even if the
language is not specified, if one of the parties, or the arbitrators do
not speak Arabic, another language will be selected.[95] Unlike the
DIFC, the ADCCAC Rules do not provide grounds for appeal, and instead
limits resource to “applications for the annulment of an award under
the UAE Law (civil Procedure Code).”[96] While problematic, the ADCCAC
is nonetheless been utilized by businesses belonging go the Abu Dhabi
Chamber of Commerce for dispute resolution.
Tahkeem Sharjah International Arbitration Centre
In
2009, His Highness Dr. Sheikh Sultan bin Mohammed Al Wassimi, Ruler of
Sharjah, issued Emiri Decree No. 6 establishing the Tahkeem Sharjah
International Arbitration Centre.[97] Like the ADCCAC, the Tahkeem
Sharjah International Arbitration Center operates pursuant to the
Federal Code of Civil Procedure.[98] According to Article (26) of the
TSICAC rules of arbitration, all arbitration proceedings are to be
conducted in Arabic unless otherwise agreed to by the parties.
The stated objectives of the TSICAC are to resolve commercial disputes
between natural or corporate persons through arbitration irrespective
of membership in the Sharjah Chamber of Commerce, spread the culture of
arbitration, and cooperate with local and international agencies and
associations in arbitration related matters.[99] As of August 2010, the
centre had completed the third phase of its arbitrator-training
program.[100]
Conclusion
The
United Arab Emirates is seeing growth on unprecedented levels. With
more commercial interaction with international companies comes a
greater potential for dispute. Given the benefits of arbitration in the
international commercial context, the UAE over the past ten years has
been working to “update” its mechanisms to enable foreign companies to
feel comfortable arbitrating in the Middle East. The rapid growth of
the country and the seemingly endless limits of the imaginations of its
rulers have created magnificent cities and mega-projects that involve
the cooperation of many international companies. The DIFC-LCIA
partnership, the DIAC, ADCCAC and the TSICAC are all answers to the
need to arbitrate instead of litigate, and to ensure that foreign
investment and growth continue to be part of the UAE outlook.
[1] BBC News, “Dubai’s Relentless Construction Boom. “ <Available
at: http://news.bbc.co.uk/2/hi/business/4506512.stm> (Viewed April
1, 2011).
[2] Karim J. Nassif, IBA Arbitration News, Country Development Africa
and the middle East: Overview of Enforcement of Domestic and Foreign
Arbitral Awards Under UAE Law, 15 No. 1. IBA Arb. News 77, 2010.
[3] Id.
[4] Tom Pedreria, “Arbitration.” <Available at:
http://alternative-dispute-resolution.lawyers.com/arbitration/Arbitration-and-Mediation.html>
(Viewed April 3, 2011); (See also S.R. Luttrell, Choosing Dubai: A
Comparative Study of Arbitration Under the UAE Federal Code of Civil
Procedure and the Arbitration Law of the DIFC, 9 No. 3. Bus. L. Int’l.
254; stating “arbitration is now the preferred means of dispute
resolution for international business.”)
[5] Shari’a literally means “the path,” and is used to refer to Islamic
Law.
[6] United States Department of State, “The United Arab Emirates,”
<Available at: http://www.state.gov/r/pa/ei/bgn/5444.htm> (Viewed
March 29, 2011).
[7] BBC News, “Country Profile: The United Arab Emirates,”
<Available at:
http://news.bbc.co.uk/2/hi/middle_east/country_profiles/737620.stm>
(Viewed April 3, 2011). The author also notes that you can practically
fit all of the other emirates in the UAE in Abu Dhabi and have room to
spare.
[8] United States Department of State, “The United Arab Emirates,”
<Available at: http://www.state.gov/r/pa/ei/bgn/5444.htm> (Viewed
March 29, 2011).
[9] S R Luttrell, “Choosing Dubai: A Comparative Study of Arbitration
Under the UAE Federal Code of Civil Procedure and the Arbitration Law
of the DIFC,” 9 No. 3 Bus. Int’l. 254, at 256 (September 2008).
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] S R Luttrell at 257.
[15] Id.
[16] Id. at 258.
[17] Id.
[18] Id.
[19] Id.
[20] Id. at 260.
[21] Id. at 262.
[22] Id.
[23] Id.
[24] S R Luttrell at 262.
[25] Id.
[26] Id at 263.
[27] Id.
[28] Id.
[29] Id.
[30] S R. Luttrell at 264.
[31] Id.
[32] Id.
[33] Id.
[34] Id.
[35] S R Luttrell at 265.
[36] Id.
[37] Id.
[38] Id. S R Luttrell also notes that the code was amended in 2005 but
that the draft Federal Arbitration law has yet to be adopted by the
Union. Currently, The Federal Code of Civil Procedure as it was in 1992
remains in force as the lex arbitri in the UAE.
[39] Id.
[40] Id. S R Luttrell notes that “UAE courts have refused to uphold
arbitration clauses that were part o the fine print on general terms
and conditions of contract, or on the back of invoices.”
[41] Id.
[42] Id.
[43] S R Luttrell at 267.
[44] Id., citing Article 204 of the Federal Code of Civil Procedure.
[45] Id.
[46] Id.
[47] Id.
[48] Id. at 268.
[49] Id.
[50] Id. at 269.
[51] Id. at 270.
[52] Id., citing Federal Code of Civil Procedure Article 212(i), (ii)
and (iii).
[53] Id.
[54] Id.
[55] Id. at 272.
[56] Id.
[57] Adrian Cole, “ADR Client Strategies in the Middle East and Africa:
An Overview of Alternative Dispute Resolution in the United Arab
Emirates,” 2009 WL 2966290 (September 2009).
[58] Id.
[59] Id.
[60] S R Luttrell at 272.
[61] S R Ruttell at 272.
[62] Id.
[63] Id. S R Ruttell notes that the UAE “only has foreign civil
judgments and enforcement agreements with its fellow GCC members, the
states of the Arab League, India and France.”
[64] Id. at 273.
[65] Alec Emmerson, Christopher Mills, “IBA Arbitration Newsletter, The
Changing Face of Arbitration in Dubai,” 13 No. 2. IBA Arb. Newsl. 44
(September 2008).
[66] DIAC, “About the DIAC,” <Available at
http://www.diac.ae/idias/aboutus/.> (Last viewed April 10, 2011).
[67] Statute Rules of Dubai International Arbitration Centre, Article
3(2)(a).
[68] Hassan Arab, “IBA Arbitration News: The Road Ahead: The Future of
Arbitration in the UAE,” 15 No. 1 IBA Arb. News 81 (March 2010).
[69] Id at 82.
[70] Id.
[71] Id.
[72] Id. at 83.
[73] Patrick Bourke, Dominic Hennessy, “IBA Arbitration Newsletter,
Brighter Times – Developments in Arbitration in the United Arab
Emirates,” 13 No. 2 IBA Arb. Newsl. 42 (September 2008).
[74] Id. at 43.
[75] Raid Abu-Manneh, “Dubai: A Regional Arbitration Centre?,”
<Available at
http://www.mayerbrown.com/internationalarbitration/article.asp?id=7383&nid=235>
(Last Viewed April 12, 2011).
[76] Camille Paldi, “UAE Laws and Islamic Finance: Overview of
Arbitration in the UAE in the Context of International Commercial
Arbitration,” <Available at
http://ilovetheuae.com/2010/02/07/overview
-of-arbitration-in-the-uae/> (Last viewed April 8, 2011).
[77] Hassan Arab, “IBA Arbitration News, The Road Ahead: The Future of
Arbitration in the UAE,” 15 No. 1. IBA Arb. News 81, at 83.
[78] S R Luttrell, “Business Law International: Choosing Dubai: A
Comparative Study of Arbitration Under the UAE Federal Code of Civil
Procedure and the Arbitration Law of the DIFC,” 9 No. 3 Bus. L. Int’l
254, at 276.
[79] Id. at 277.
[80] Reza Mohtashami, “IBA Arbitration News, A Jurisdiction within a
Jurisdiction: The DIFC as an Arbitral Seat,” 16 No. 1 Arb. News 129
(March 2011).
[81] Id. at 130.
[82] Id.
[83] Id.
[84] Id.
[85] Id.
[86] Mohtashami at 131.
[87] Id.
[88] Hassan Arab at 84.
[89] Jurist International, “Arbitration and Mediation Centers,”
<Available at: http://www.jurisint.org/en/ctr/78.html> (Last
viewed April 9, 2011).
[90] Francis Ho, “Disputes in the UAE: Arbitration Options,”
<Available at:
http://www.building.co.uk/comment/disputes-in-the-uae-arbitration-options/3149836.article>
(Last viewed April 13, 2011).
[91] Id.
[92] Arbitration Reference, <Available at:
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[93] Id.
[94] Id.
[95] Id.
[96] Id.
[97] Sharjah Chamber of Commerce and Industry, “Sharjah International
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[98] Taheek Sharjah International Arbitration Center, “UAE Arbitration
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[99] Al Tamimi & Company, “Law Update: Sharjah International
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[100] Al Bawaba News, “Sharjah International Commercial Arbitration
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