The Oath Legal Magazine’s Post

Interested in understanding the UAE Amendment Law in Arbitration? Unlock expert analysis on this intricate area of law with the “The Amendment Law on UAE Arbitration Law” e-journal. Download your copy now: http://lexn.me/2Khm50ShE3I Gain insights on arbitration agreements, tribunal formation, procedures, evidence rules, and recognition/enforcement. Book a demo of Lexis Middle East now: http://lexn.me/ENKn50ShE3J #UAE #Legal #Arbitration #lexismiddleeast

𝐄𝐱𝐜𝐢𝐭𝐢𝐧𝐠 𝐍𝐞𝐰𝐬 𝐟𝐫𝐨𝐦 𝐃𝐈𝐅𝐂! The Dubai International Financial Centre Authority (DIFCA) has issued a Consultation Paper on proposed amendments to DIFC Law No. 3 of 2004, the “Application Law.” These changes aim to enhance statutory certainty and clarify the interpretation of DIFC legislation, addressing key issues from the recent The Industrial Group v El Fadil Hamid decision. To read the full article, click the link below. To get in touch with any queries, please send an email to info@mahmoodhussain.net #DIFC #LegalUpdate #ConsultationPaper #FinancialLaw #DubaiLaw #CommercialLaw #Arbitration #LegalReform #StatutoryLaw #InternationalLaw #MandCOLegal

Proposed amendments to DIFC Law No. 3 of 2004 aim to enhance statutory certainty and clarify legal interpretations. Must read to know more about these changes on our website. #DIFC #LegalUpdate #Consultation #ArbitrationTeam #FinancialLaw #DubaiLaw #CommercialLaw

Navigating the New UAE Competition Law: Moving Towards EU Principles? Part 1 – Overview https://bit.ly/3XYIfE6 #UAE #Competitions #Laws

Navigating the New UAE Competition Law: Moving Towards EU Principles? Part 1 – Overview https://bit.ly/3XYIfE6 #UAE #Competitions #Laws

Recently, the Indian Government published guidelines for arbitration and mediation in domestic public procurement contracts. These new guidelines prioritise mediation over arbitration for resolving public sector disputes. In an interview for India Business Law Journal speaking with Freny Patel, Vyapak Desai, FCIArb emphasised that while mediation is helpful and beneficial, India requires a well-functioning arbitration framework. https://lnkd.in/dv2hVeZH #arbitration #internationalarbitration #mediation #litigation #disputes #court #governmentlitigation #contracts #agreements

🔍Update on Review of the Arbitration Law (Revision Draft ) A Revision on China's Arbitration Law, originally enacted in 1994 (with some amendments in 2009 and 2017), is underway.  Last 30th July, the Ministry of Justice issued a Revision Draft for public comment until August 29th. Some of the proposed key changes are: 📌Seat of Arbitration Standard: The draft introduces the "seat of arbitration standard" to determine the jurisdiction and nationality of arbitral awards, potentially making awards by foreign institutions in China subject to domestic review. 📌Competence: The Revision Draft empowers arbitral tribunals to rule on their own jurisdiction and the validity of arbitration agreements, reducing court intervention and supporting the "competence-competence" doctrine (where tribunals can rule on its own jurisdiction and validity of the arbitration agreement before courts intervention); 📌Principal and Accessory Contracts: Under the new draft, an arbitration clause in a principal contract would cover disputes under accessory contracts, even if they lack an arbitration clause. If the accessory contract does not contain an arbitration clause, parties to that contract will also be bound by the arbitration clause of the principal contract. This change can reduce conflicts regarding jurisdiction; 📌Interim and Partial Awards: Currently, tribunals are reluctant to issue partial awards and interim awards are not allowed. Interim awards address urgent matters and preserve the status quo, while partial awards address certain aspects of the resolution. The Revision Draft aims to improve efficiency by allowing tribunals to issue partial and interim awards and entitling winning parties to apply to courts for their enforcement; These changes align Chinese arbitration practices with international standards, enhancing efficiency and flexibility in arbitration procedures. The available text in Chinese and English: https://lnkd.in/dFk2zqY5 Contact me or our team if you are interested in further developments related to arbitration.

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🔍Update on Review of the Arbitration Law (Revision Draft ) A Revision of China's Arbitration Law (originally enacted in 1994 with amendments in 2009 + 2017), is underway. Last 30 July 2024, the Ministry of Justice issued a Revision Draft for public comment until 29 August 2024. Some of the proposed key changes are: 📌Competence: the Revision Draft empowers arbitral tribunals to rule on their jurisdiction and the validity of arbitration agreements, reducing court intervention and supporting the "competence-competence" doctrine (where tribunals can rule on its jurisdiction and validity of the arbitration agreement before court intervention); 📌Principal and Accessory Contracts: under the new draft, an arbitration clause in a principal contract would cover disputes under accessory contracts, even if they lack an arbitration clause; 📌Seat of Arbitration Standard: the draft introduces the "seat of arbitration standard" to determine the jurisdiction and nationality of arbitral awards, potentially making awards by foreign institutions in China subject to domestic review. 📌Interim and Partial Awards: currently, tribunals are reluctant to issue partial awards and interim awards are not allowed. Interim awards address urgent matters and preserve the status quo, while partial awards address certain aspects of the resolution. The Revision Draft aims to improve efficiency by allowing tribunals to issue partial and interim awards and entitling winning parties to apply to courts for their enforcement; These changes align Chinese arbitration practices with international standards, enhancing efficiency and flexibility in arbitration procedures. The available text in Chinese and English: https://lnkd.in/dFk2zqY5 Contact Iago Camilo (毅格) or our team if you are interested in further developments related to arbitration. #ChinaArbitration #DisputesInChina #BusinessInChina

Two recent Dubai Court of Cassation decisions have demonstrated the shift in the UAE courts’ perception of arbitration. In this timely Kluwer Arbitration Blog post, we comment on these decisions, which can be accessed here: https://lnkd.in/dk2FyXtR