Dentons Middle East’s Post

I happened to hear from my friend about the arbitration opportunities in the UAE. For a better study, I went through social media and noticed a webinar titled " 5 things you need to know about arbitration in the UAE '' conducted by Maria Rubert. Maria Rubert is the Managing Partner at Rubert & Partners, an arbitration and corporate law firm based in Abu Dhabi and Dubai. Herself has clearly discussed the evolution of arbitration in the UAE. How arbitration was seen in the past and how it is changing the commercial disputes more simply and easier. Of all the valuable information, two important things caught my attention. 1) MCDONALD Factor- When you go to McDonald irrespective of the flavors or addons the hamburger remains the same. This is somewhere related to arbitration proceedings. Because unlike courts the proceedings may seem the same everywhere. Including the way hearings take place and similarities of the proceedings are known to experts who conduct the same. 2)New York Arbitration Convention - I was wondering how an arbitral award pronounced in one country could be executed in another nation. The New York Convention is the crisis manager here. Almost 165 countries have become part of the pact. According to this, an award announced by a member nation could be recognized and enforced in another member state. Such as an arbitral award passed in Switzerland can be executed and enforced in the UAE. Let's say, Dubai is a middle east business hub. A slight example to substantiate the fact is the real estate investments in Dubai. As per the reports, the real estate sector has witnessed significant investments from the year 2021-2022.In fact the kind of disputes and claims has increased along with the growth. And it seems the importance of arbitration. Even the creation of DIFC courts and ADGM courts highlights how UAE lands the prominent position in International arbitration. Now I see the point suggested by my friend and I understand that it is only a tip of the iceberg. #business #lawfirm #arbitration #opportunities #growth

Dubai Court of Cassation has confirmed the validity and enforceability of arbitration agreements, despite non-payment of arbitration costs. In a recent unanimous judgment, the Court found that if an arbitration center closes a case due to non-payment of costs, the arbitration clause will remain valid, as long as there has been no award or ruling by the tribunal that brings an end to the dispute. This decision overturns the previous established legal principle adopted by the Cassation Court. Prior to the enactment of the Federal Arbitration Law No. 6 of 2018, the default position was that the Dubai Courts maintained jurisdiction over the dispute, despite the parties’ agreement to arbitrate. However, Article 54(4) of the UAE Arbitration Law provides that the arbitration agreement remains valid even after the arbitration award is set aside. This is a significant decision for the Dubai arbitration community, and a positive development for those seeking to resolve disputes via arbitration. #dubai #arbitration #uae #courts #law #agreement

Proud of the firm's arbitration team for another major and groundbreaking win! This achievement is particularly fitting as we approach the start of Dubai Arbitration Week 2023. The team successfully secured the first known emergency interim ex parte anti suit injunction from an emergency arbitrator under the newly introduced emergency provisions of the DIAC Rules 2022. The emergency order was obtained by our client, a mega developer, against a foreign state-owned enterprise to restrain the latter's resort to the Dubai Courts on a multi-million dollar claim. The salient terms of the ex parte order successfully obtained by the firm on behalf of our client, the claimant, include ordering the respondent to: "a. forthwith withdraw, cease and apply to stay any ongoing claims and/or proceedings against Claimant other than by arbitration in respect of any dispute arising out of or in connection with the contract in accordance with the Arbitration Agreement, including (but not limited to) the proceedings filed by Respondent before the Dubai Court of First Instance, unless and until the Arbitral Tribunal discharges this order in accordance with Article 1.6 of Appendix II of the DIAC Rules; and b. refrain from commencing any claims and/or proceedings against Claimant in respect of any dispute arising out of or in connection with the contract other than by arbitration in accordance with the Arbitration Agreement." Interestingly, the threshold point which was successfully argued by the firm was that when applicants seek interim measures in the form of an anti-suit injunction, "the claim'' on which they must prove "a reasonable probability of success on the merits" is that the other side breached the arbitration agreement by filing in a forum other than arbitration. That is, the applicant does not need to prove a reasonable possibility of success on the merits of the entire "dispute" or "underlying case". This subtle distinction is a key takeaway and reinforces the robustness of the arbitration team's strategy. The emergency order not only showcases the efficacy of the new DIAC Rules 2022 but also highlights the positive impact of the emergency arbitrator process introduced under these rules. Kudos to the entire team for this remarkable landmark win and for offering practical and impactful legal solutions! #Arbitration #LegalVictory #DIAC #DIACRules2022 #DubaiArbitrationWeek2023