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Sally Kotb

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In brief The recently issued Rules of the Dubai International Arbitration Centre (the “New DIAC Rules“) have come into effect on 21 March 2022. Following the joint press release of the DIAC and the London Court of International Arbitration (LCIA), all arbitrations, mediations and alternative dispute resolution proceedings submitted to the DIAC after this date will be governed by the New DIAC Rules. The New DIAC Rules also align with the procedural developments entrenched in…

In brief Following the issuance of Decree No. 34 of 2021 which abolished the DIFC-LCIA Arbitration Centre, the Dubai International Arbitration Centre (DIAC) and the London Court of International Arbitration (LCIA) have now confirmed the administration of DIFC-LCIA cases going forward. According to their joint press release issued on 28 March 2022, all cases commenced and registered with the DIFC-LCIA on or before 20 March 2022 will now be administered by the LCIA. Cases commenced…

In Brief The recently issued Decree No. 34 of 2021 by Dubai Ruler’s Sheikh Mohammed bin Rashid Al Maktoum has been a trending topic. The Decree dissolves the Emirates Maritime Arbitration Centre (EMAC) and the Dubai International Financial Centre (DIFC) Arbitration Institute and assigns their obligations to the Dubai International Arbitration Centre (the New DIAC). Dr Habib Al Mulla had proposed the changes to the Dubai Government and prepared the first draft of the law…

The Dubai Court of Cassation has recently issued a judgment that tackles the effect of incorporating arbitration clauses by means of referring to the general conditions of a FIDIC (or the International Federation of Consulting Engineers) contract including the arbitration clause therein. In the case in question, the parties had agreed that the 1987 FIDIC Red Book General Conditions of Contract would govern the transaction. Clause 67 of the 1987 FIDIC Red Book General Conditions…

Over the past decade, Environmental, Social and Governance (ESG) matters have become increasingly important to organizations. Strong sustainability practices have become a critical business imperative, offering enormous opportunities for those who take it seriously and posing serious liabilities for those who don’t. In the context of disputes and enforcement, courts are beginning to recognize the gravity of environmental and climate change issues, while corporate accountability for compliance breaches arising from supply chains and business relationships…