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Dispute Resolution

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In brief 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] (the “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…

In brief The recent issue of the Kingdom of Saudi Arabia’s (KSA) official gazette published in early June 2023 includes the Resolution No. 1321/1444 of 6 June 2023 (“Resolution”) issued by KSA’s Minister of Finance. The resolution adopts: The model general arbitration submission agreement; and The model arbitration submission agreement providing for the arbitration in the Saudi Center for Commercial Arbitration (SCCA). The Resolution follows the liberalization of the dispute resolution regime in KSA, specifically…

In brief In early July 2023, the ICC Commission on Arbitration and ADR (the “Commission”) published the Report on Facilitating Settlement in International Arbitration (the “Report”).[1] The Report aims to present the techniques that have proven to be effective in the settlement of disputes and may be considered and applied by parties and tribunals. The Report follows further endeavours by users of international arbitration for reducing costs and time spent on dispute resolution. Specifically, it…

In brief The UAE Ministry of Justice (MOJ) has recently launched an electronic mediation (“e-mediation”) platform as a tool to be used by parties for alternative dispute resolution (ADR). The launch of the e-mediation platform is in line with the MOJ’s goal to facilitate the access to ADR services. The platform will assist parties in settling civil and commercial disputes outside of the UAE courts (both onshore and offshore) or arbitration proceedings through registered mediators.…

The Government of Saudi Arabia has announced the issuance of the long-awaited Civil Transactions Law (“CTL”), the third of the four laws announced as part of the specialized legislations reform (the others being the Family Law, Evidence Law (both have been issued) and the Criminal law (expected to be issued soon)). The CTL was officially published in the Saudi official gazette on 19 June 2023. The CTL contains 721 articles and marks an important advancement…