UAE Trends and Developments Contributed by: Alim Khamis, Gateley Middle East
• express provision for early determination of mani - festly unmeritorious claims or claims manifestly beyond the tribunal’s jurisdiction; • a party may, at any stage of emergency arbitrator proceedings, request a preliminary order direct - ing another party not to frustrate the purpose of the application. Such requests may be made and decided without notice to all other parties; and • a new opt-in highly expedited procedure, with a final award expected within three months following the initial case management conference. The stated purpose of the amended rules is to improve efficiency, clarity and case management while pre - serving the flexibility, neutrality and procedural integ - rity that underpin ICC arbitration. Conclusion It has been a relatively active year for arbitration devel - opments. While construction and real estate form the bulk of arbitrations in the UAE, arbitral institutions have adapted to geopolitical circumstances that require prompt solutions in the interim by introducing mediation and adjudication capabilities. The revised ICC Rules also strengthen emergency arbitrator provi - sions and can be effective for those who are at risk of suffering imminent loss and damage.
Parties are also giving considerable thought to draft - ing dispute resolution clauses that provide for more than arbitration, often via a tiered dispute resolution process which requires several mandatory steps to be completed prior to commencing arbitration. In some cases, such a lengthy process is sensible given the type of sector concerned. In other cases, such claus - es can often become protracted ones that enable one party to stall for tactical reasons. The above-mentioned cases deal with salient issues, namely: assignment of arbitration agreements, con - flicts of jurisdiction and the importance of procedural fairness in arbitrations.
1063 CHAMBERS.COM
Powered by FlippingBook