Issued by Mohammed bin Rashid

Decree establishes Dubai as a reliable global center for settling disputes away from resorting to the judiciary

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of the Emirate of Dubai, issued Decree No. (34) of 2021 regarding the Dubai International Arbitration Centre, which stipulated the abolition of the Emirates Maritime Arbitration Center and the The Dubai International Financial Center Arbitration Institution, and merging their competencies and powers into the Dubai International Arbitration Center established by Decree No. (10) of 2004, a non-governmental, non-profit center enjoying legal personality and financial and administrative independence, as of the date of Publication of the decree in the Official Gazette.

The Statute sets out the objectives that the Dubai International Arbitration Center will work to achieve, the most important of which are: Consolidating Dubai's position as a reliable global center for settling disputes through alternative means other than through the judiciary.

Transfer of ownership

The decree, which comes in line with the objectives of raising the efficiency of various vital sectors in the Emirate of Dubai, and enhancing the elements of excellence for an environment that supports its community and business activities, stipulated the transfer of ownership of real estate, movables, assets and funds belonging to the canceled arbitration centers, as well as employees to be transferred, financial allocations, lists of arbitrators, and mediators. Conciliation and experts registered in the canceled arbitration centers, as well as the membership of the persons affiliated to it, provided that their registration and membership continue with the same conditions, procedures and fees approved by those centers until the expiry of the period of registration or membership, and that the conditions and fees approved for arbitration by the Dubai Center Board of Directors are applied for their renewal upon renewal International, provided that it replaces the abolished arbitration centers in all their rights and obligations.

concluded agreements

In accordance with the decree, all agreements concluded on the date of enforcement of this decree by resorting to arbitration in the canceled arbitration centers are valid and enforceable, and the Dubai International Arbitration Center replaces these centers in considering and adjudicating disputes arising from those agreements, unless the parties agree otherwise. It also stipulated that the arbitral tribunals and committees formed on the effective date of this decree at the abolished arbitration centers and the Dubai International Arbitration Center shall continue to consider and adjudicate all arbitration cases before them without interruption, and in accordance with the rules and procedures adopted by them in this regard, unless the arbitration parties agree Otherwise, the Dubai International Arbitration Center and its administrative body shall be responsible for supervising these cases.

Both “Dubai Courts” and “Dubai International Financial Center Courts” shall continue to consider claims, requests and appeals related to any judgment or procedure of arbitration procedures issued by the arbitral tribunals of the “Dubai International Arbitration Center” and the canceled arbitration centers, in accordance with the procedures and standards in force.

reconcile the situation

Decree No. (34) of 2021 replaces Decree No. (10) of 2004 establishing the Dubai International Arbitration Centre, and any provision in any other legislation is repealed to the extent that it contradicts the provisions of this decree.

The arbitration and conciliation rules applicable to the canceled arbitration centers and the arbitration and conciliation rules applicable to the Dubai International Arbitration Center shall continue to the extent that they do not conflict with the provisions of Decree (34) of 2021 and the statute appended to it, until the adoption of the special arbitration and conciliation rules. The Dubai International Arbitration Center was approved by the center’s board of directors, while the decree obligated the center to regularize its status within a period of no more than six months from the date of its implementation.

Primary law

The statute of the Dubai International Arbitration Center, annexed to the decree, defines the center's objectives, competencies and organizational structure, which consists of three organizational levels: the board of directors, an arbitration court that will be formed according to the new system, in addition to the center's administrative body.

The statute detailed the objectives that the Dubai International Arbitration Center will work to achieve, the most important of which are: consolidating Dubai’s position as a reliable global center for dispute resolution through alternative means other than the judiciary, and strengthening the center’s position as one of the best options for resolving disputes efficiently and effectively by following international best practices. As well as encouraging the resort to alternative means of settling disputes, in a manner that serves the financial and business community in the emirate.

Tasks and competencies

The tasks and competencies of the center mentioned in its statute included: settling disputes through alternative means, coordination and cooperation, concluding agreements and memoranda of understanding with specialized arbitration institutions and centers at the regional and international levels, in a way that enables the center to achieve its objectives, as well as concluding agreements and memoranda of understanding with the competent courts in The Emirate and abroad on issues related to the implementation of arbitral judgments and decisions issued by the arbitral tribunals at the Center, in addition to spreading awareness about alternative means of dispute settlement, establishing a register of affiliation with the Center’s membership, and providing arbitration and conciliation rules and regulations governing alternative means of dispute settlement in different languages.

The statute of the Dubai International Arbitration Center sets the rules for forming the center's board of directors, the term of membership, in addition to defining the board's terms of reference and the mechanism for holding its meetings.

Arbitration Court

The Statute of the Center included the formation of an arbitration court consisting of a president and his deputy and a number of members with arbitration expertise and recognized competencies locally and internationally, their number does not exceed (13) members, including the president and his deputy, and they are appointed by a decision of the center’s board of directors, and the term of membership is The court has four years that cannot be extended, while the system clarifies the jurisdiction of the arbitration court, the mechanism for holding its meetings, and the powers of its formation of permanent or temporary sub-committees.

The statute of the Dubai International Arbitration Center also detailed the competencies of its administrative body, including the tasks and powers of the executive director, and the tasks of the administrative body, which it undertakes under the supervision of the executive director.

The system also detailed the financial resources of the center and its financial year, in addition to a set of final provisions, including the basis for joining the lists of arbitrators, conciliation mediators and experts, and the requirements for membership in the center.

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