The following Arbitration guidance note Produced in partnership with Alec Emmerson of ADR Management Consultancies provides comprehensive and up to date legal information covering:
An arbitration agreement that provides for arbitration under the Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) will be conducted in accordance with the 2013 Procedural Regulations of Arbitration (the 2013 Regulations), which set out, among other things, the procedural structure of the arbitration. As with all international arbitration rules, the structure provided is very loose in order to permit flexibility for the parties and the Panel (the ADCCAC term for the tribunal) and often only applies in default of agreement by the parties.
This Practice Note is based on the ‘official’ English version of the 2013 Regulations. There are discrepancies between Arabic and English in relation to the translation of mandatory or permissive words. The original version is however in Arabic and it is Arabic which will prevail should there be any dispute concerning the 2013 Regulations.
The 2013 Regulations talk about the 'venue' of the arbitration. This is probably intended to mean the 'seat' but it is not entirely clear whether it merely refers to the place where the arbitration shall be conducted or the seat. This should be clarified by including a clear provision in the Terms of Reference or the Arbitration Deed. For the importance of the seat, see Practice Note: The seat of the arbitration.
If the parties have not
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