DIAC (2022)—starting an arbitration

Produced in partnership with 39 Essex Chambers
Practice notes

DIAC (2022)—starting an arbitration

Produced in partnership with 39 Essex Chambers

Practice notes
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All references to Articles in this Practice Note are to Articles of the 2022 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 on which the underlying agreement to arbitrate was entered into (Article 2.3).

Prior to commencing an arbitration

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

  1. does the arbitration clause on which you rely cover the entirety of the dispute you are raising?

  2. have the pre-arbitration steps (if any) been triggered, exhausted and properly documented?

  3. are there any limitation and prima facie issues of contract law formation, interpretation and performance to consider in view of the applicable law(s)

  4. is there likely to be a jurisdictional challenge? While there is little you can do about this, it

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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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