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The UAE’s pilgrimage to international arbitration stardom: a critical appraisal of Dubai as a centre of dispute resolution aspiring to be a Middle East business hub

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The UAE’s pilgrimage to international arbitration stardom : a critical appraisal of Dubai as a centre of dispute resolution aspiring to be a Middle East business hub. / Almutawa, Ahmed M.; Maniruzzaman, Munir.

In: Journal of World Investment and Trade, Vol. 15, No. 1-2, 09.04.2014, p. 193-244.

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@article{96e4955e6af14e95accb50bf9e6a1f27,
title = "The UAE{\textquoteright}s pilgrimage to international arbitration stardom: a critical appraisal of Dubai as a centre of dispute resolution aspiring to be a Middle East business hub",
abstract = "The last two decades have witnessed a growing interest and participation of the Gulf Cooperation Council (GCC) states in international arbitration as they have also joined the New York Convention and the Washington Convention. Still, scepticisms abound as to the efficacy of international arbitration in the GCC states. However, Dubai is considered to have the potential of being a Middle East business hub as it is modernising its arbitration law and practice in light of international developments. Forward thinking and innovative pro-arbitration institutions like the Dubai International Arbitration Centre (DIAC) - the leading arbitration centre in the UAE; the Dubai International Financial Centre (DIFC) - a common law free zone within Dubai with its own sets of laws, including the DIFC Arbitration Law, and its own court system (DIFC Courts) both of which are separate from Dubai and UAE laws and judicial systems; and the DIFC-LCIA Arbitration Centre, have turned Dubai into a growing propitious arbitration hub (i.e. a pro-arbitration and pro-enforcement jurisdiction) in the Middle East. While doubts continue to be raised with regard to the role and influence of the Shari{\textquoteright}a on the arbitration process and on the enforceability of arbitral awards in Dubai, an examination of recent developments and trends in the arbitration rules and case law in Dubai reveals a promising environment for international arbitration, except for a few cases that followed formalistic grounds for denying enforcement. Recent cases from the UAE, and especially from Dubai, reveal a new attitude pervading the UAE judiciary that is more welcoming of the New York Convention and that is less likely to interfere with the merits of an arbitral award. However, the new UAE Draft Federal Arbitration Law is yet to be enacted. The article provides a critical appraisal of the recent legislative and institutional developments and international arbitral practice in the UAE and assesses Dubai{\textquoteright}s prospect to be a Middle East business hub.",
keywords = " foreign arbitral award, public policy, United Arab Emirates, setting aside, enforcement, international arbitration, Dubai International Arbitration Centre, Dubai International Financial Centre, Shari{\textquoteright}a",
author = "Almutawa, {Ahmed M.} and Munir Maniruzzaman",
note = "This is the accepted version of the author's article published in 'Journal of world investment and trade', (2014) vol 15, nos. 1-2, 09/04/2014. The article is available at http://booksandjournals.brillonline.com/content/journals/10.1163/22129000-01502006",
year = "2014",
month = apr,
day = "9",
doi = "10.1163/22129000-01502006",
language = "English",
volume = "15",
pages = "193--244",
journal = "Journal of World Investment and Trade",
issn = "1660-7112",
publisher = "Brill",
number = "1-2",

}

RIS

TY - JOUR

T1 - The UAE’s pilgrimage to international arbitration stardom

T2 - a critical appraisal of Dubai as a centre of dispute resolution aspiring to be a Middle East business hub

AU - Almutawa, Ahmed M.

AU - Maniruzzaman, Munir

N1 - This is the accepted version of the author's article published in 'Journal of world investment and trade', (2014) vol 15, nos. 1-2, 09/04/2014. The article is available at http://booksandjournals.brillonline.com/content/journals/10.1163/22129000-01502006

PY - 2014/4/9

Y1 - 2014/4/9

N2 - The last two decades have witnessed a growing interest and participation of the Gulf Cooperation Council (GCC) states in international arbitration as they have also joined the New York Convention and the Washington Convention. Still, scepticisms abound as to the efficacy of international arbitration in the GCC states. However, Dubai is considered to have the potential of being a Middle East business hub as it is modernising its arbitration law and practice in light of international developments. Forward thinking and innovative pro-arbitration institutions like the Dubai International Arbitration Centre (DIAC) - the leading arbitration centre in the UAE; the Dubai International Financial Centre (DIFC) - a common law free zone within Dubai with its own sets of laws, including the DIFC Arbitration Law, and its own court system (DIFC Courts) both of which are separate from Dubai and UAE laws and judicial systems; and the DIFC-LCIA Arbitration Centre, have turned Dubai into a growing propitious arbitration hub (i.e. a pro-arbitration and pro-enforcement jurisdiction) in the Middle East. While doubts continue to be raised with regard to the role and influence of the Shari’a on the arbitration process and on the enforceability of arbitral awards in Dubai, an examination of recent developments and trends in the arbitration rules and case law in Dubai reveals a promising environment for international arbitration, except for a few cases that followed formalistic grounds for denying enforcement. Recent cases from the UAE, and especially from Dubai, reveal a new attitude pervading the UAE judiciary that is more welcoming of the New York Convention and that is less likely to interfere with the merits of an arbitral award. However, the new UAE Draft Federal Arbitration Law is yet to be enacted. The article provides a critical appraisal of the recent legislative and institutional developments and international arbitral practice in the UAE and assesses Dubai’s prospect to be a Middle East business hub.

AB - The last two decades have witnessed a growing interest and participation of the Gulf Cooperation Council (GCC) states in international arbitration as they have also joined the New York Convention and the Washington Convention. Still, scepticisms abound as to the efficacy of international arbitration in the GCC states. However, Dubai is considered to have the potential of being a Middle East business hub as it is modernising its arbitration law and practice in light of international developments. Forward thinking and innovative pro-arbitration institutions like the Dubai International Arbitration Centre (DIAC) - the leading arbitration centre in the UAE; the Dubai International Financial Centre (DIFC) - a common law free zone within Dubai with its own sets of laws, including the DIFC Arbitration Law, and its own court system (DIFC Courts) both of which are separate from Dubai and UAE laws and judicial systems; and the DIFC-LCIA Arbitration Centre, have turned Dubai into a growing propitious arbitration hub (i.e. a pro-arbitration and pro-enforcement jurisdiction) in the Middle East. While doubts continue to be raised with regard to the role and influence of the Shari’a on the arbitration process and on the enforceability of arbitral awards in Dubai, an examination of recent developments and trends in the arbitration rules and case law in Dubai reveals a promising environment for international arbitration, except for a few cases that followed formalistic grounds for denying enforcement. Recent cases from the UAE, and especially from Dubai, reveal a new attitude pervading the UAE judiciary that is more welcoming of the New York Convention and that is less likely to interfere with the merits of an arbitral award. However, the new UAE Draft Federal Arbitration Law is yet to be enacted. The article provides a critical appraisal of the recent legislative and institutional developments and international arbitral practice in the UAE and assesses Dubai’s prospect to be a Middle East business hub.

KW - foreign arbitral award

KW - public policy

KW - United Arab Emirates

KW - setting aside

KW - enforcement

KW - international arbitration

KW - Dubai International Arbitration Centre

KW - Dubai International Financial Centre

KW - Shari’a

U2 - 10.1163/22129000-01502006

DO - 10.1163/22129000-01502006

M3 - Article

VL - 15

SP - 193

EP - 244

JO - Journal of World Investment and Trade

JF - Journal of World Investment and Trade

SN - 1660-7112

IS - 1-2

ER -

ID: 1076520