DIAC—starting an arbitration

Produced in partnership with 39 Essex Chambers

The following Arbitration practice note produced in partnership with 39 Essex Chambers provides comprehensive and up to date legal information covering:

DIAC—starting an arbitration
Prior to commencing an arbitration
What must the Request for Arbitration contain?
Do I attach evidence to rely on?
Who do I send the request to?
Who serves the Request on the respondent?

DIAC—starting an arbitration

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

All references to Articles in this Practice Note are to Articles of the 2007 Arbitration Rules of the Dubai International Arbitration Centre (DIAC and the DIAC Rules).

The DIAC Rules in force on the date of commencement of DIAC arbitration proceedings (and any subsequent amendments to the DIAC Rules) shall govern the arbitration, unless the parties have expressly agreed to submit to the DIAC Rules in effect on the date of their arbitration agreement (Article 2.1). This Article may be relevant for parties when DIAC revises its arbitration rules. Overall, DIAC will respect and uphold party agreement as to which version of the DIAC Rules applies.

Prior to commencing an arbitration

Before commencing an arbitration under any set of rules or an ad hoc arbitration, consider the following issues:

•
does the arbitration clause on which you rely cover the entirety of the dispute you are raising
•
are there any limitation issues to consider?
•
is there likely to be a jurisdictional challenge? While there is little you can do about this it

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