DIAC—the tribunal
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—the tribunal
  • Sole arbitrator
  • Three-person tribunal
  • No provision made—DIAC appointment
  • Qualifications of the arbitrators
  • What if I need the arbitrator(s) to be appointed quickly?
  • How is the tribunal appointed if there are multiple parties?

DIAC—the tribunal

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 Arbitration Rules of the Dubai International Arbitration Centre (DIAC and the DIAC Rules)

As under all major institutional rules, the constitution of the arbitral tribunal under the DIAC Rules will be determined by the arbitration agreement between the parties (Art 8.1).

Under the DIAC Rules, there are 3 different scenarios:

  1. appointment of a sole arbitrator

  2. three-person tribunal - If there are to be three arbitrators then each party will nominate one arbitrator and, unless the parties have agreed otherwise, the third will be nominated by the two party-nominated arbitrators for appointment by DIAC

  3. if the arbitration agreement does not state whether there is to be one or three arbitrators then DIAC’s default rules will apply

Sole arbitrator

If the parties have provided that there is to be a sole arbitrator then this will usually be by a joint appointment between the parties.

The process usually begins with one party, usually the claimant, proposing an arbitrator or a list of potential arbitrators.

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