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Dubai Court of Cassation Holds Clause Providing for Court Provisional Measures Not a Waiver of Arbitration Agreement

Introduction - The Dubai Court of Cassation (Court of Cassation) in Case No. 296 of 2024 vacated the decision of the Dubai Court of Appeal (Court of Appeal) in Commercial Appeal No. 2284/2023, in which the Court of Appeal...more

The Dubai Court of Cassation Restores Ability to Award Legal Costs in ICC Arbitrations

Background - In February 2024, the Dubai Court of Cassation (Court of Cassation) issued a surprising decision in Case No. 821 of 2023 (Commercial), in which it upheld the Dubai Court of Appeal’s (Court of Appeal) partial...more

The Dubai Court of Cassation Raises Questions Over an Arbitral Tribunal's Power to Award Legal Costs

The Dubai Court of Cassation (DCC) recently upheld the Dubai Court of Appeal’s partial annulment of an International Chamber of Commerce (ICC) arbitration award, quashing the arbitral tribunal’s award of legal costs. One...more

Dubai Court of Cassation Rules That an Arbitration Clause Extends to Subsequent Purchase Orders

In a recent judgment, the Dubai Court of Cassation in Case No. 828 of 2023 (Commercial) held that an arbitration clause in a contract extended to cover subsequent purchase orders....more

DIFC Court Rules on Conditions Precedent and Liquidated Damages for Employer Delay in Construction Claims

The recent judgment of the Dubai International Financial Centre (DIFC) Court of Appeal in Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC [2022] DIFC CA 016 provides guidance on common issues in...more

The Saudi Center for Commercial Arbitration Adopts New Arbitration Rules

The Saudi Center for Commercial Arbitration (SCCA) recently issued a new and updated set of arbitration rules (SCCA Rules 2023). Overall, the product is an enhanced, modern set of rules that aim to allow for more efficient...more

Dubai Courts Refuse Enforcement of an Arbitral Award Against a Foreign Party

A recent judgment of the Dubai Court of Cassation refused to enforce a foreign arbitral award against a party (the award debtor) with assets in the United Arab Emirates (UAE), on the basis that the award debtor itself was not...more

The DIAC Publishes Its 2022 Arbitration Rules

BACKGROUND - On 20 September 2021, Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (DIAC) (the Decree) came into force and made significant changes to the arbitral institutions in Dubai....more

Change to Interest Rates Applied by the Courts in Dubai

The General Assembly of the Dubai Court of Cassation issued Resolution No. 1 of 2021 on 9 June 2021. This binding resolution reversed the court’s previous ruling regarding interest rate calculations for the awarded amount of...more

Agreements to Resolve Disputes in the "Courts of Dubai" or "Dubai Courts" may be an opt-in to DIFC Court Jurisdiction

A recent decision of the DIFC Court of Appeal in Goel and others has confirmed that a reference to the “Courts of Dubai” or “Dubai courts” may be sufficient to constitute a “specific, clear and express” agreement to opt in to...more

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