39 Essex Chambers

This Practice Note provides guidance on the important subject of the various laws that may apply in an international arbitration. It sets out the circumstances where different laws may arise and gives guidance as to how the relevant law will be determined. The types of law considered are — the law governing the parties’ capacity to enter into the arbitration agreement, the substantive law of the contract, the law of the arbitration agreement, and the law of the seat (lex arbitri or curial law).

This Practice Note sets out what to do if your client is served with a Request for Arbitration under the Dubai International Arbitration Centre (DIAC) arbitration rules. It sets out what to include in your Answer to the Request and what steps you need to take.

This Practice Note sets out how to start an arbitration under the arbitration rules of the Dubai International Arbitration Centre (DIAC). Its sets out what the Request for Arbitration must contain, who it is to be sent to, how many copies are needed and what the next steps are in the arbitration. This topic may also be referred to as: commencing, beginning, opening, originating, initiating or instituting DIAC arbitration proceedings; filing a request for DIAC arbitration proceedings; and, statements of case, statements of claim or pleadings in DIAC arbitration.

This Practice Note sets out the format of an award rendered under the Dubai International Arbitration Centre (DIAC) arbitration rules (DIAC Rules), how it will be rendered by the tribunal and how a party may apply for the correction of any errors contained in the award.

This Practice note sets out how a tribunal will be constituted under the Dubai International Arbitration Centre (DIAC) Arbitration Rules (DIAC Rules). It covers what occurs when the arbitration agreement states how the tribunal will be constituted and where it is silent. It also covers expedited formation of the tribunal and how a tribunal will be appointed when there are multiple parties.

This Practice Note considers the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration (also known as the IBA Rules of Evidence or the IBA Rules) which are widely used in international arbitration as the agreed standard which the arbitral tribunal will order the parties to apply when presenting the factual and witness evidence in arbitration. The IBA Rules also set out the extent of documentary disclosure (sometimes referred to as IBA Rules disclosure or IBA Rules discovery; IBA disclosure or IBA discovery; IBA document production; IBA requests to produce) that will take place in arbitrations where the IBA Rules are agreed by the parties to apply in whole or in part. Reference is also made to the Prague Rules (ie the Rules on the Efficient Conduct of Proceedings in International Arbitration).

This Practice Note provides an introduction to international arbitration, setting out what that phrase is commonly taken to mean. The Practice Note includes a discussion of the meaning of the word ‘arbitration’ and the term ‘commercial arbitration’. The Practice Note discusses key concepts in international arbitration, including international arbitral institutions, the arbitral tribunal (or arbitrator(s)), the arbitration agreement and the importance of the New York Convention and the UNCITRAL Model Law to international commercial arbitration. This Practice Note may also be referred to as: a basic guide to international arbitration; what is international arbitration?; the key elements of international arbitration; and, the principles of international arbitration.