Thursday, 11 October 2012

International arbitration in the UAE - Dubai, a two-seater city | Clayton Utz

If you are entering into contracts in the UAE, the Dubai International Financial Centre is becoming a viable alternative to Dubai or Abu Dhabi as a seat for arbitration, but comes with its own complications and teething problems.
Famous for constructing the tallest building in the world (the Burj Khalifa) and the largest shopping mall (the Dubai Mall), Dubai is an oddity in legal circles in that it has two distinct seats and legal frameworks for arbitration: Dubai itself and an "offshore" free zone within Dubai, the Dubai International Financial Centre.
The seat of arbitration (also referred to as the place of arbitration) is an important part of any arbitration agreement. In the absence of a clear statement by the parties otherwise, the seat will dictate the procedural law under which the arbitration will be run. For example a seat of London will dictate that an arbitration will be governed by English law, being the Arbitration Act 1996.

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