Question from jenna, Can Arbitral Institutions Be Changed in the UAE?
Answer from AI:
In the United Arab Emirates (UAE), the process of changing arbitral institutions, such as moving a case from the Dubai International Financial Centre (DIFC) to another competent jurisdiction, is not explicitly outlined in the federal law. However, the general principles of arbitration and jurisdiction in the UAE can provide some guidance.
Arbitration in the UAE
Arbitration in the UAE is governed by Federal Law No. 6 of 2018 on Arbitration (the “Arbitration Law”). The Arbitration Law does not specifically address the issue of changing arbitral institutions. However, it does provide that parties have the freedom to agree on the procedures to be followed in the arbitration, including the choice of arbitral institution.
Choice of Arbitral Institution
The choice of arbitral institution is typically determined by the arbitration agreement between the parties. If the parties have agreed to arbitrate their disputes at a particular institution, such as the DIFC, it may be difficult to change this without the agreement of both parties.
Changing Arbitral Institutions
While the Arbitration Law does not specifically address the issue of changing arbitral institutions, it does provide that the parties have the freedom to agree on the procedures to be followed in the arbitration. This could potentially include agreeing to change the arbitral institution. However, such a change would likely require the agreement of both parties.
Consulting a Legal Professional
Given the complexity of arbitration law and the potential implications of changing arbitral institutions, it is recommended that individuals consult with a legal professional for personalized advice. A legal professional can provide guidance on the potential risks and benefits of changing arbitral institutions, as well as the process for doing so.
For more information on arbitration in the UAE, you may wish to consult the following resources:
Please note that this information is intended to provide a general overview of the law and does not constitute legal advice. For advice tailored to your specific circumstances, please consult with a legal professional.