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In a recent General Assembly of the Dubai Court of Cassation (“Cassation Court”) case,[1] the Cassation Court has expressly reversed its previous position regarding the effects of a party’s failure to pay arbitration costs on the validity of the arbitration agreement. In accordance with Article 20 of Dubai Law No. 13 of 2016 on the Judicial Authority in the Emirate of Dubai, the General Assembly (which comprises the Head of the Cassation Court and at…

The Dubai International Financial Centre (DIFC) Court of First Instance (DIFC Court) has considered in its recent Order of 19 September 2023 in Muhallam v Muhaf [ARB 021/2022] (Order) whether a provisional award introducing interim measures is enforceable in the DIFC as an “award”. The dispute centred around the controversial issue of whether interim awards are final awards capable of recognition, including under the New York Convention. The DIFC Court held that interim awards could…

The Saudi Center for Commercial Arbitration (SCCA) opened its first office outside of Saudi Arabia in the DIFC. SCCA Dubai has started operating on 2 February 2023 and offers a comprehensive suite of ADR services to local and international businesses based in the UAE and/or operating in the Middle East.[1] In the latest developments, the SCCA has released its second edition of the SCCA Arbitration Rules (SCCA Rules), effective 1 May 2023. The SCCA Rules…

A. LEGISLATION AND RULES A.1       Legislation International arbitration in onshore United Arab Emirates (UAE) continues to be governed by the UAE Federal Law No. 6 of 2018, to which no legislative amendment has been made ever since its promulgation. International arbitration in the offshore Dubai International Financial Centre (DIFC) continues to be governed by DIFC Law No. 1 of 2008 (“UAE Federal Arbitration Law”). The most significant change over the past year is the dissolution…