The circumstances in which an unsuccessful party in arbitration may resist enforcement of an award in the Cayman Islands are limited in number and narrow in scope. The judiciary are alive to the risk that parties may run...more
The overnight abolition of the DIFC-LCIA in September 2021 will be familiar to many. Although the UAE's arbitration landscape is well-serviced by other arbitral institutions in Dubai and Abu Dhabi, questions remained over...more
DIFC Court of Appeal Confirms Enforceability of Arbitral Awards Granting Interim Relief issued in Non DIFC-Seated Arbitrations - The Dubai International Financial Centre’s (DIFC) Court of Appeal has recently confirmed, in CA...more
To mark Riyadh International Disputes Week we wanted to share our Middle East International Dispute Resolution Compendium, which discusses recent developments in the dispute resolution landscape across the region including...more
A U.S. federal district court refused to compel arbitration in a contractual dispute concerning the supply of materials, products, and services for an oil and gas project being performed by defendants in Saudi Arabia. The...more
The recent changes to the UAE Federal Arbitration Regime (set out in Federal Decree 15 of 2023 (“the Amendment”) have been rightly welcomed by the arbitration community, especially in relation to the regulation of...more
With Dubai Arbitration Week approaching, the Dubai International Arbitration Centre (“DIAC”) will again return to the fore of discussion amongst the arbitration community. As a contribution to the debate around whether DIAC...more
The Dubai International Arbitration Centre (the DIAC) and the London Court of International Arbitration (the LCIA) have now reached an agreement which should help to resolve a number of uncertainties that resulted from Dubai...more
On 25 February 2022, the board of directors of the Dubai International Arbitration Centre (“DIAC”) approved the new DIAC Arbitration Rules (the “2022 Rules”). The DIAC Rules, which were published on 2 March 2022, will come...more
Following Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the “Decree”), which effectively (i) abolished the Emirates Maritime Arbitration Centre and the DIFC Arbitration Institute (under which...more
The 1983 Riyadh Arab Agreement for Judicial Cooperation (Riyadh Convention) is intended to facilitate judicial cooperation between the signatory countries. It is an important tool for the enforcement of arbitral awards in the...more
As the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), the lower courts continue to...more
As we have discussed in previous posts, federal appeals courts in the United States are split over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C....more
The DIFC is fast becoming one of the leading hubs for international arbitration in the Middle East. The launch of the DIFC-LCIA in 2008 served as a testament to the UAE's commitment to providing access to arbitral...more
Update on a Powerful Tool in the Pursuit of Evidence in International Arbitration - Court of Appeal Decisions on Title 28 of the US Code § 1782 - Introduction - In our January 2020 newsletter, we examined Title 28...more
Parties involved in litigation outside the United States have long had at their disposal a useful tool for obtaining American-style discovery in the U.S. 18 U.S.C. § 1782(a) of the United States Code authorizes a United...more
Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution....more
In an opinion last Thursday, the Sixth Circuit held that a federal district court may order discovery for use in a foreign private arbitration. 28 U.S.C. § 1782(a) authorizes discovery “for use in a proceeding in a foreign or...more
In a decision that may significantly increase access to domestic discovery in foreign arbitration proceedings, the United States Court of Appeals for the Sixth Circuit ruled on September 19 that courts may order individuals...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more
United Arab Emirates – specific information on all aspects of settling a dispute by negotiation, mediation and other alternative dispute resolution mechanisms, including the statutory obligations to attempt settlement, form...more
The new rules are designed to expedite proceedings and arbitral tribunal formations. The DIFC-LCIA Arbitration Centre (DIFC-LCIA) recently released new arbitration rules (2016 Rules) deigned to mirror the London Court of...more