Refine By
Clear all filter
About 92483 results for "*"
GLOSSARY
An abstract of trust is a concise written summary of the key terms of a trust, prepared for disclosure to third parties (for example, a buyer’s solicitor, lender or Land Registry) without revealing the full trust deed. It typically sets out the names of the trustees and (where appropriate) beneficiaries, the date of the trust, the powers of the trustees relevant to the transaction, and any restrictions affecting dealings with trust property.In practice, an abstract of trust is used in conveyancing, banking and private client work to evidence a trustee’s authority to sell, mortgage or otherwise deal with land or other assets, while preserving confidentiality over detailed beneficial interests. It is a descriptive expression rather than a term generally defined in legislation or case law, and its content is driven by the requirements of the particular transaction.Usage across England and Wales, Scotland, Northern Ireland and Ireland is broadly consistent, though Scottish practitioners may instead refer to a summary of trust provisions in missives or title examination. In all jurisdictions, care is required to ensure the abstract is accurate, up to date and sufficient to satisfy due diligence and anti‑money laundering checks.
PRACTICE NOTES
The Costs of the arbitration include a Filing Fee, the fees of the Tribunal, an Administrative Fee and expenses. Unlike the previous Rules, while there is an obligation on the parties to pay an Advance on costs determined with as much accuracy as is possible there is no obligation to pay everything at the outset of the arbitration. The provisions in the new Rules do not expressly specify what is to happen to the legal fees of the parties, but the Tribunal is given the power to consider these in Art 50.6 and may apportion them having regard to various criteria. Filing fee When a party issues its Request, it must pay an immediate Filing Fee of 10,000 AED (dirhams). This fee is non-refundable but constitutes part of the Administrative Fee and is credited to the advance on costs required by Art 51 (Art 49). Costs of the arbitration and advance on costs The Costs of the Arbitration comprise the fees of the Tribunal, an Administrative
PRACTICE NOTES
Like the previous section on Emergency Arbitrators, this is a new section added so as to bring the new 2024 Rules in line with contemporary international arbitral practice. It is intended to apply a set of expedited rules to small cases which in the case of arbitrateAD is cases not exceeding 9 million AED (approximately £1.8 million GBP or US$2.5 million as at 31 July 2026). This is smaller than other arbitral rules such as the ICC whose 2016 Rules apply a limit of US$3 million which has been increased to US$4 million in the new 2026 ICC Rules. Expedited proceedings The 2024 Rules provide that, below a certain threshold, then the Expedited Proceedings provisions automatically apply unless the parties have agreed otherwise (Art 36.1). The threshold is stated to be 9 million AED and is based upon the aggregate of all claims and counterclaims. A party to Expedited Proceedings may request that the Tribunal not apply the Expedited Proceedings provisions and, after giving the parties
PRACTICE NOTES
References to Article numbers refer to Articles in the Arbitration Rules 2024 of arbitrateAD unless otherwise specified. General provisions The Arbitration Rules 2024 (the Rules) of arbitrateAD state that they will apply where the parties agree to submit a dispute to arbitration under the Rules or to the Centre (arbitrateAD) or to the Abu Dhabi Chamber of Commerce (Art 1.1). Thus, the Abu Dhabi Chamber of Commerce will still have a role to play in arbitration and companies which have clauses referring to submission of disputes to arbitration under the ADCCAC will now be governed by the new Arbitration Rules and will be administered by the new Centre. Agreement to arbitration under the Rules is deemed to be an agreement that any arbitration will be administered by the Centre (Art 1.5). The Rules apply to all arbitrations administered by the Centre except where a Rule is
PRACTICE NOTES
Exclusion of liability Any arbitrator or any person appointed by the Tribunal (including any administrative secretary or expert) shall not be liable to any person for any negligence, act or omission in connection with any arbitration administered under the Rules (Art 46.1). This expressly clears up confusion arising out of amendments made to the previous Federal Arbitration Law although they were removed in the present Arbitration Law. The exclusion of liability also applies to the Centre and any of its directors, officers or employees as well as the President and members of the court. All the above persons are under no obligation to make any statement in connection with any arbitration administered under the Rules and no party
PRACTICE NOTES
These subjects are found in a separate section comprising Articles 9–12 of the new Rules. They are all new insertions and are not found in the earlier 2013 Regulations. While the Articles on Joinder and Consolidation bring the Rules in line with contemporary international arbitral practice, the first two Articles are unusual and particularly Article 10 and it will remain to be seen how they are interpreted. Multiple parties Article 9 of the Rules is unexceptionable allowing for multiple parties to be involved in an arbitration. The Article states that in such a case, then, prior to the Tribunal being constituted, any party may assert any claim against another party (Art 9.1); but that after the Tribunal has been constituted any of the parties asserting a new claim must do so in accordance with the provisions in Article 30 on amendment and Article 6 as to form (Art 9.2). Multiple contracts Article 10 of the Rules seeks to provide for a party to multiple
PRACTICE NOTES
Preliminary Measures The 2024 Rules have a single set of provisions in Art 34 under the heading of Preliminary Measures. These are defined in Art 2.20 as ‘any interim, preliminary, provisional or precautionary measures’ although no examples are given unlike the 2013 Regulations. Thus, presumably any lawful orders could be made. Under Article 34.1 of the Rules, a Tribunal may at the request of a party order any Preliminary Measures it considers appropriate under the applicable law. Any such measure must take the form of an Order or Award. Oddly, the Article does not give the Tribunal the express power to make such an order or award of its own motion (which was included in the 2013 Regulations). The Tribunal may require a party making a request to give appropriate security (Art 34.3). Once made any order or award may be reconsidered, modified or vacated by the Tribunal where it finds it appropriate to do so (Art 34.4). At any time, whether prior to the commencement
PRACTICE NOTES
Request for arbitration Arbitration under the arbitrateAD is commenced by the Claimant filing a Request for Arbitration (the Request) with the Case Management Office (CMO) (Art 6(1)). The Request must include (Art 6(1)(i)–(vii)): • the names in full, addresses, and contact details, including email addresses and telephone numbers, if known, of all parties to the arbitration and their representative(s), if any • a description of the nature and circumstances of the Dispute, of the relief claimed, of the legal basis on which the relief is claimed, and, where possible, an initial quantification of the amount claimed • a reference to and, where possible, a copy of the Arbitration Agreement(s) under which each Claim is made and any contract(s) or other instrument(s) related to the Claim • the number of arbitrator(s) and any nomination of an arbitrator required pursuant to Art 13 • comments as to the Seat of the arbitration, the applicable rules of law and the language of the arbitration • proof of payment of the requisite filing
PRACTICE NOTES
The provisions relating to the Arbitral Proceedings comprise unsurprisingly the core of the Arbitration Rules and are found at Articles 20–37. As with most international arbitration rules, the structure provided aims to permit flexibility for the parties and the Tribunal and permits the parties to agree to their own provisions as much as possible. The Rules also give the Arbitral Tribunal wide powers of administration including organising the arbitral timetable. Role of the court A key element of the Arbitration Rules is the supervisory function that the court plays in arbitrations conducted under the Rules and Article 20 states that all the decisions of the court are final. The court is one of the main actors under Article 20.2 who must endeavour to ensure that the arbitration is conducted fairly, expeditiously and efficiently in the light of its complexity and the amount in dispute. The other actors that are under the same obligation are the Secretariat, the Tribunal and the parties. All have an obligation to see that any
PRACTICE NOTES
Arbitration under the Abu Dhabi International Arbitration Centre (arbitrateAD) Arbitration Rules are conducted by an Arbitral Tribunal set up in accordance with the provisions in Articles 13–19 of the Rules. Reference to the Arbitral Tribunal includes a sole arbitrator (Art 13.3). Constitution of the Tribunal The process of constitution of the Arbitral Tribunal commences after the Answer is filed with the Case Management Office and may proceed even if there are deficiencies in the Answer (Art 13.1). The parties are free to agree upon the number of arbitrators, as well as the procedure for their appointment, provided that the total number of arbitrators is uneven (Art 13.2). Unless expressly agreed by the parties, it is expected that the Arbitral Tribunal will comprise one or three arbitrators (Art 13.3). If the parties have not agreed upon a number of arbitrators, the default position is that a sole arbitrator shall be appointed unless the court decides, after affording the parties a reasonable opportunity to give their views, that is more appropriate
PRACTICE NOTES
Closure of arbitral proceedings Under the new Arbitration Rules 2024 of arbitrateAD, the Tribunal declares the proceedings closed as soon as practicable after the hearing or receipt of final submissions (Art 38.1). The Tribunal must be satisfied that the parties have had a fair opportunity to be heard on all the matters to be decided on the merits which will be dealt with in an Arbitral Award. The closure of the proceedings must be communicated to the parties and to the Case Management Office (Art 38.1). Notwithstanding the closure of the proceedings, the Tribunal may re-open the proceedings at any time before an Award is made on the merits on the application of either party or on its own motion (Art 38.2). Any decision to do so must be communicated to the parties and the Case Management Office. Provisions on the making of awards The provisions on the making of Awards are found in Articles 38 to 44 of the Arbitration Rules. They apply to all Awards defined
NEWS
The Abu Dhabi International Arbitration Centre (arbitrateAD) has announced the appointment of Maria Mazzawi as its new Registrar, effective 17 February 2025. In her role, Mazzawi will oversee the arbitrateAD’s Case Management Office, supporting its increasing caseload and strengthening its position as a leading arbitration hub.