DIAC Arbitration Rules 2022: A new chapter for DIAC

Copyright © 2025 LexisNexis
Produced in partnership with Vivek Kapoor of 39 Essex Chambers
Practice notes

DIAC Arbitration Rules 2022: A new chapter for DIAC

Copyright © 2025 LexisNexis

Produced in partnership with Vivek Kapoor of 39 Essex Chambers

Practice notes
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This Practice Note considers the effect of the replacement of the DIAC Arbitration Rules 2007 with rules in 2022 and the effect of Decree No 34 of 2021 Concerning the Dubai International Arbitration Centre (Decree No 34).

Introduction

Dubai International Arbitration Centre (DIAC) has issued the DIAC Arbitration Rules 2022 (2022 Rules). The 2022 Rules came into effect on 21 March 2022, replacing the previous DIAC Arbitration Rules 2007 (2007 Rules).

2022 Rules have been introduced following the controversial Decree No 34 of 2021 Concerning the Dubai International Arbitration Centre (Decree No 34). Decree No 34 abolished: (a) the DIFC Arbitration Institute (DAI), which is the entity that had entered into a joint venture with the London Court of International Arbitration (LCIA) for the DIFC-LCIA Arbitration Centre; and (b) the Emirate Maritime Arbitration Centre (EMAC), and merging the DAI and EMAC into DIAC. Decree No 34 further provided that:

  1. •

    arbitration agreements providing for arbitration at DAI and EMAC would remain valid and effective but that DIAC would substitute these centres

Vivek Kapoor
Vivek Kapoor

Barrister and Arbitrator, 39 Essex Chambers

Vivek Kapoor is a barrister and arbitrator at 39 Essex Chambers. He is specialist advocate with a practice in international arbitration and commercial litigation. He is recognised for his expertise in high-value, multijurisdictional cases related to energy, infrastructure and construction, natural resources, mining and commodities, banking and financial services, civil fraud and asset tracing, sanctions, investor-state dispute settlement and public international law.

He is described in leading legal directories as “an excellent litigator”, “an expert in law”, “an excellent advocate” and “a great strategic decision maker”. Clients rate “his ability to find novel legal solutions to some of the most difficult situations is remarkable” and that he “thinks of every scenario for a case and prepares for each one, including complex and difficult ones”. His “ability to make simple arguments explaining complex legal points in both law and fact” is described as “a case winner”. In a leading judgment in the English High Court, the Judge described Vivek’s submissions as “able and persuasive”.

Vivek acts for Sovereign states and state-entities, leading Fortune 500 corporations, multinational and regional corporations, principals and their businesses from a wide range of geographies.
Vivek has an established practice as counsel before the English courts and in international arbitration. He also acts in courts of India, DIFC and ADGM, and has in the past acted in matters before the highest courts of Singapore and Hong Kong.

He also acts as arbitrator in international arbitrations. He is frequently appointed as presiding, sole, co-arbitrator and emergency arbitrator in LCIA, ICC and SIAC arbitrations, amongst others.
Most of Vivek’s counsel work is as lead counsel or sole counsel, though he regularly acts as part of large counsel teams. His work often has connections in India, Africa, Middle East, and Central and East Asia.

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