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Dubai, one of the emirates in the United Arab Emirates (UAE), has set itself up as an global trade and finance center. This is indicative of the establishment of reliable mechanisms for the resolution of disputes in cross-border commerce. The Dubai Global Economic Centre (DIFC) and its associated DIFC-LCIA Arbitration Centre (now transitioned to the DIFC Court of Arbitration) have become the mainstay for such dispute-resolution activities. As saleable Dispute solution becomes the preferred mode for settlement of disputes, it is important for businesses in and outside the Middle East to understand how dispute-resolution traditionally works at the DIFC.
This is a free zone that was established in 2004 to attract international economic institutions, law firms, and multinational businesses into its fold. It has its own unique legal framework based on English common law under which it sits free and independent to the UAE civil law system. As a result, it becomes extremely attractive to international investors or foreign businesses.
DIFC Courts by itself, and the Dubai Economic Services Body (DFSA) are the bodies that keep adjusting it. It is significantly relevant to the article that the dispute-resolution model of the DIFC, historically based on the DIFC-LCIA Arbitration Centre, mirrors the structure of the London Court in Global Dispute – Resolution.
The DIFC law on dispute-resolution is DIFC Law No. 1 of 2008, and this is with reference to the UNCITRAL Model Law on Global Commercial Arbitration. It has therefore got a certain amount of familiarity and credibility among multinational practitioners, as key features include:
This is an arbitrary institution, and in that regard does not make itself wholly a court process; but sometimes it has to come in courts, for instance, to enforce interim measures, appoint arbitrators, or set aside awards. The DIFC Courts have been said to be very friendly to arbitration, allowing speedy implementation with little encumbrance.
One specific characteristic is the free-standing Implementation jurisdiction of the courts of the DIFC, which enables a party to call upon the implementation of a foreign arbitral award in the DIFC, even where that award is notextraneous to the controversy. This will be sufficient for its recognizability, and it will then be “exported” through the cooperation mechanism to the onshore country courts.
With this, DIFC has become a conduit jurisdiction- a conduit for providing legal pipelines for implementation of international awards that are not within reach of the domestic UAE or probably the entire GCC.
Originally, the DIFC housed the DIFC-LCIA Arbitration Centre, a joint venture between the DIFC and the London-Court of Global Arbitration. It offered dispute-resolution under LCIA-rules, tailored to suit the regional context. This centre quickly became a preferred forum for global disputes involving Middle Eastern parties.
In 2021, a major change occurred. Dubai issued Decree No. 34 of 2021, dissolving the DIFC-LCIA and consolidating all dispute-resolution establishments into a single entity: the Dubai Global Arbitration Centre (DIAC). Under the decree:
When details elect the DIFC as the seat of dispute-resolution, they are choosing:
Ensuring implementation of recognition is in fact one of the best maneras del camino for going to a DIFC Premises; this is how they work:
If the award is given at DIFC, the award may directly enforce within the DIFC Courts with a few choices against challenging it. There are only limited grounds for challenging awards related to procedural matters of serious nature (for example, lack of jurisdiction, due process violation).
Under Judicial Body Law (Law No. 12 of 2004), the parties can take DIFC Court judgment and seek recognition in onshore courts at Dubai. This so-called DIFC-Dubai gateway presents a lawful bridge for common law and civil law system within the UAE.
The UAE is a signatory of the New York Convention (1958) on Recognition and Implementation of Non-Citizen Arbitral Awards. Such conventions make all DIFC awards recognized and enforceable in more than 170 countries thus making them strong platforms for cross border commercial dispute-resolution.
The DIFC dispute-resolution framework is used across industries:
Although the DIFC has all the blessings for dispute-resolution, the parties should be aware of the following issues:
Doubts and confusions in respect of the DIFC lawful framework may arise with respect to the UAE federal lawful system. Clear stipulation within contracts will need to be agreed to avoid conflicts in the jurisdiction.
There was uncertainty that arose as a result of the change from DIFC-LCIA to DIAC. During this transitional period that seeks to resume operations, details will need to be cognizant about the existing institutional substructures and conventions.
To put it plainly, it is costly to arbitrate at the DIFC. Therefore, parties should consider the cost-effectiveness in choosing between institutional dispute-resolution, ad hoc dispute-resolution, or another forum.
While, for the most part, all has gone pretty much according to plan through the DIFC-Dubai gateway, implementation is never automatic. Awards may be reviewed still by courts for matters pertinent to public policy or procedural fairness.
The DIFC has rightly earned its status as the leading jurisdiction for global commercial dispute-resolution in the Middle East. With common law, independent courts and global dispute-resolution rules in place, it offers a strong alternative to more traditional forums.
For businesses involved in cross-border transactions in the region, the DIFC offers a modern, efficient and enforceable means of resolving disputes. With the global rise of dispute-resolution, the role of the DIFC will continue to grow—most notably with the recent consolidation of institutions under DIAC and simplifying of rules and techniques.
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