Similarly, the ADGM Arbitration Rules provide that all information relating to arbitration and arbitral awards is confidential. The DIFC Arbitration Act now only provides that all information relating to the arbitration is confidential (although it is not mentioned on the confidentiality of the award). The UAE Arbitration Act provides that the arbitral tribunal may refuse to make the final award if the parties have not paid all the costs of the arbitration, while the DIFC Arbitration Act and the ADGM Arbitration Rules provide that the arbitral tribunal may refuse to announce a final award or an order to terminate the arbitration if its fees and expenses are not paid in full. The exact practice and amount may depend on institutional rules or on the discretion of the Court itself in ad hoc cases. 3.7 What are the implications of ongoing insolvency proceedings in your jurisdiction involving one or more of the parties to an ongoing arbitration? In the United Arab Emirates, there are two main ways for parties to admit evidence. One possibility is the filing of memoranda, in which the parties attach testimony, expert opinions, evidence and any other supporting documents with their pleadings. Alternatively, the parties may use the English approach, where the exchange of documentary evidence takes place at a later stage of the arbitration (i.e. is not attached to the party`s pleadings). Similarly, the UAE Trademark Act gives the UAE Trademark Office and civil courts exclusive power to resolve disputes related to the acceptance and registration of trademarks. However, disputes relating to the ownership or distribution of trademarks may be submitted to arbitration, as confirmed by the recent landmark decision in Alfahim vs Alfahim No. 205 of 2020. 6.7 Are national courts competent to hear procedural issues arising in the course of arbitration? In the UAE onshore, the UAE Arbitration Act requires the Minister of Economy to issue a code of conduct for arbitrators to be discussed with UAE arbitration institutions. The application of Article 53(1)(e), which provides that an arbitral award may be set aside if it “has not applied the law on which the parties to the arbitration have agreed on the subject matter of the dispute”.
This can be interpreted as allowing the courts of the United Arab Emirates to set aside the award due to an error of law. In other jurisdictions where international arbitration is conducted to the highest standards, such as . B in the United Kingdom, appeals against arbitral awards are admissible only on limited grounds and, in practice, such appeals are rarely upheld. In the absence of a similar established practice in the courts of the United Arab Emirates, this ground of appeal may create obstacles to enforcement. It remains to be seen how the courts of the United Arab Emirates will interpret this provision. 2.2 Does the same arbitration law apply to domestic and international arbitration? If not, how do they differ? The ADGM rules stipulate that the parties are free to agree on a procedure for challenging an arbitrator. In the absence of an agreement between the parties, the ADGM Court of First Instance rules on the dispute. As long as such a claim is pending, the arbitral tribunal may continue the arbitration. Both the DIFC Arbitration Act and the ADGM Arbitration Rules pursue the grounds for annulment set out in the UNCITRAL Model Law. Thus, the DIFC Arbitration Act requires the plaintiff to prove that one or more of the following grounds apply: (i) incapacity of a party or invalidity of the arbitration agreement; (ii) failure to properly notify or impair a party`s ability to present its case; (iii) decisions that are not subject to the terms and conditions of submission to arbitration; and (iv) irregularities in the composition of the arbitral tribunal or arbitration. It also provides that an arbitral award may be set aside if the DIFC courts determine that (i) the subject matter is not subject to arbitration; (ii) the dispute is expressly referred to another body; or (iii) the award is contrary to public policy. Neither the Directive nor the DIFC Arbitration Act expressly governs third-party funding in DIFC arbitration.
Notwithstanding the foregoing, we believe that DIFC`s friendly approach to third-party funding implies that such an agreement should not be an issue in itself (although the parties should be careful to consider its impact on the enforcement of any resulting arbitral award, including the impact of disclosure or non-disclosure of such agreements). if applicable). The ADGM Arbitration Rules provide that, unless the parties have agreed otherwise, the arbitral tribunal may continue the arbitration if a party does not attend an oral hearing or is not represented at an oral hearing or, if the issues are to be dealt with in writing, provide written evidence or provide written explanations. The importance of protecting the parties` free will in entering into binding arbitration agreements is crucial and is recognized as such by national courts. .