International Industry Experts Weigh in on the Latest Arbitration Rules in Dubai

One-day event organised by the Dubai International Arbitration Centre featured panel discussions on the new Arbitration Rules and Maritime Arbitration

Dubai, 16 November 2022: Leading figures, experts from the local and international arbitration community, and representatives from various government and private bodies, came together for a one-day event in Dubai today, organised by the Dubai International Arbitration Centre (DIAC), the Middle East’s largest non-profit independent arbitration centre, as part of Arbitration Week. 

Designed to keep industry professionals abreast of the most recent developments to enhance industry standards, the event featured two panel sessions on critical industry topics, including the application of the new DIAC Arbitration Rules 2022, which came into effect on 22 March this year, as well as maritime arbitration.

In his opening remarks, Dr Tariq Al Tayer, Chairman of the Dubai International Arbitration Centre, said the past 12 months had been a period of evolution for DIAC and the industry, as he assessed the centre’s achievements, adding that now is the time to look forward with true optimism.

“We drive forward the implementation of our new DIAC strategy – a strategy that is formulated on the pillars of Excellence, Growth, and Responsibility,” said Dr Al Tayer. “Our mission is to provide unmatched ADR services by embracing excellence as a Standard, integrity as a compass and equity as a principle. The DIAC strategy is reflective of that.  We will reinforce our mission every day by living our new set of organisational core values: equity, integrity, diversity, collaboration, pioneering, and sustainability, with a clear vision of “becoming the ultimate global destination for dispute resolution.”

“During the past 12 months we have remained committed to our responsibilities towards the development of the global arbitration sector through hosting and participating in over 15 regional and international industry events. Another major highlight for us was finalizing DIAC’S new Arbitration RulesÒ In line with our commitments and ambitious goal-setting.”

The first panel discussion of the day, titled ‘Insights on the Application of the DIAC Arbitration Rules 2022’, was moderated by Gemma Nemer – Chief Operating Officer (CEO) of Falcon and Associates.

Speaking on the panel, Hassan Arab – Partner, Regional Head of Dispute Resolution - Arbitration & Litigation, Al Tamimi & Co; Lara Hammoud – Senior Legal Counsel, ADNOC; Karim Nassif – Principal, Nassif Arbitration; and Pavel Kalev – Case Manager, DIAC, shared their views about key areas including, emergency arbitration, multiple contract consolidation, expediting proceedings, legal fees in arbitration costs, third party funding and representation. 

The most notable additions to the new rules, finalised earlier this year, are provisions for dealing with consolidation, joinder, expedited proceedings, an alternative process for appointing arbitrators, as well as exceptional proceedings, such as emergency arbitrator and conciliation. Additionally anticipated legal fees are now part of the arbitration costs and can be claimed by the parties under the new rules.

The panellists emphasised the rules’ user-friendliness and comprehensiveness, as well as their compliance with UAE procedural legislation and flexibility for arbitral proceedings held in other countries. Additionally, they discussed how the rules would ensure processes move quickly and efficiently while always respecting the autonomy of the parties. The session was followed by a Q&A session with the audience.

Meanwhile, the second panel was held under the theme: Hoisting the Mainsail for the Seaworthy Arbitration in the UAE ‘and was moderated by Richard Briggs – Executive Partner, Hadef & Partners. The strong panel comprised Richard Strub – Partner, HFW; Rania Tadros – Office Managing Partner, Stephenson Harwood LLP; and Jasmin Fichte – Managing Partner, Fichte & Co, who addressed different topics in maritime arbitration.

DIAC’s commitment to maritime arbitration was highlighted, especially with ICMA 2023 being hosted and organised by DIAC in November 2023. In addition, the advantages of institutional arbitration for the maritime industry were discussed, during which panellists emphasised the benefits of choosing Dubai as an arbitration seat and DIAC as a centre.