Decree
No. (34) of 2021
Concerning
the
Dubai
International Arbitration Centre[1]
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We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (6) of 2018 Concerning Arbitration;
Federal Law No. (6) of 2021 Concerning Mediation for the Settlement of Civil and Commercial Disputes;
Law No. (8) of 1997 Regulating the Dubai Chamber of
Commerce and Industry, its Implementing Bylaw, and their amendments;
Law No. (12) of 2004 Concerning the Dubai International
Financial Centre Courts and its amendments;
Law No. (13) of 2016 Concerning the Judicial Authorities in
the Emirate of Dubai and its amendments;
Law No. (5) of 2021 Concerning the Dubai International
Financial Centre;
Dubai International Financial Centre Law No. (1) of 2008 Concerning Arbitration;
Decree No. (10) of 2004 Establishing the Dubai
International Arbitration Centre;
Decree No. (11) of 2007 Approving the Arbitration Rules of
the Dubai International Arbitration Centre;
Decree No. (26) of 2013 Concerning the Rental Disputes Settlement Centre in the Emirate of Dubai;
Decree No. (14) of 2016 Establishing the Emirates Maritime
Arbitration Centre;
Decree No. (17) of 2019 Approving the Statute of the Dubai
International Arbitration Centre;
Decree No. (31) of 2019 Forming
the Board of Trustees of the Dubai International Arbitration Centre; and
Decree No. (32) of 2019 Forming the Board of Trustees of
the Emirates Maritime Arbitration Centre,
Do hereby issue this
Decree.
The provisions of this Decree
apply to the Dubai International Arbitration Centre (the “DIAC”) established pursuant to the above-mentioned Decree No.
(10) of 2004 as a non-governmental non-profit centre having legal personality,
financial and administrative autonomy, and the legal
capacity required to undertake the acts and dispositions that ensure the achievement of its
objectives.
The head office of the DIAC will be located in the Emirate of
Dubai. The DIAC will have a branch at the
Dubai International Financial Centre and may, pursuant to a resolution of the
Board of Directors of the DIAC, establish other branches and offices within and
outside of the Emirate of Dubai.
The DIAC will be regulated and
managed in accordance with the Statute attached hereto.
Pursuant to this Decree, the following centres are
abolished:
1.
the
Emirates Maritime Arbitration Centre established pursuant to the
above-mentioned Decree No. (14) of 2016; and
2.
the Dubai
International Financial Centre Arbitration Institute regulated pursuant to the
above-mentioned Law No. (5) of 2021 and other legislation in force within the Dubai International
Financial Centre,
collectively
referred to hereinafter as (the “Abolished
Arbitration Centres”)
a.
As of the
date on which this Decree comes into force, the following will be transferred
to the
DIAC:
1.
the
ownership of the real property, movables, assets, devices, equipment, and other
property of the Abolished Arbitration Centres;
2.
the
Abolished Arbitration Centres employees whose transfer is decided pursuant to a resolution of the Chairman of the Board of Directors of the DIAC;
3.
the
financial appropriations allocated by the Government of Dubai to the Abolished
Arbitration Centres by the effective date of this Decree; and
4.
the lists
of arbitrators, conciliators, and experts registered with the Abolished
Arbitration Centres; and the membership of the Abolished Arbitration Centres' members. The
registration and membership of these persons will continue,
subject
to the same conditions, procedures, and
fees prescribed by the Abolished Arbitration Centres, until expiry of the term of registration or membership. The registration
and membership
conditions, procedures, and fees
prescribed by the Board of Directors of the DIAC
will apply upon renewal of such registration or membership.
b.
All rights
and obligations of the Abolished Arbitration Centres are hereby transferred to the DIAC.
a.
All
agreements to resort to arbitration at the Abolished
Arbitration Centres, concluded by the effective date of this Decree, are hereby deemed valid. The DIAC
will replace the Abolished Arbitration Centres in considering and determining all Disputes arising out of the said agreements unless
otherwise agreed by the parties thereto.
b.
Unless otherwise agreed by the parties to
arbitration, the arbitration tribunals and panels
formed by the effective date of this Decree at
the Abolished Arbitration Centres and the DIAC will
continue, without interruption, to consider and determine all
arbitration claims pending with them, in
accordance with the rules and procedures they adopt in this respect. However, the DIAC and
its administrative body will supervise processing these claims.
As of the date on which this
Decree comes into force, the Dubai Courts and the DIFC Courts will, in
accordance with the respective procedures and standards adopted by them in this respect,
continue to consider any claim, application, or appeal relating to any award issued or arbitration measure taken by the
arbitration tribunals of the DIAC and the Abolished Arbitration Centres.
a.
Pursuant to
this Decree, the following decrees are repealed:
1.
Decree No.
(14) of 2016 Establishing the Emirates Maritime Arbitration Centre;
2.
Decree No.
(17) of 2019 Approving the Statute of the Dubai International Arbitration
Centre;
3.
Decree No.
(31) of 2019 Forming the Board of Trustees of the Dubai International
Arbitration Centre; and
4.
Decree No.
(32) of 2019 Forming the Board of Trustees of the Emirates Maritime Arbitration
Centre.
b.
This Decree
supersedes Decree No. (10) of 2004 Establishing the Dubai International
Arbitration Centre. Any provision in any other legislation will be repealed to
the extent that it contradicts the provisions of this Decree.
c.
The rules
of arbitration and conciliation adopted by the Abolished Arbitration Centres
and the
DIAC, including the rules of arbitration and conciliation approved pursuant to
the above-mentioned Decree No. (11) of 2007,
will continue in force to the extent that they do not contradict the provisions
of this Decree and the Statute attached hereto, until the new DIAC rules of arbitration and conciliation are approved by
the Board of Directors of the DIAC.
The DIAC must coordinate with all the concerned entities in the
Emirate of Dubai to comply with the provisions of this Decree and the Statute
attached hereto within no later than six (6) months from the effective date hereof.
This Decree will be published in the Official Gazette and
will come into force on the day on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 14
September 2021
Corresponding to 7 Safar 1443 A.H.
Statute of the Dubai International
Arbitration Centre
The following words and expressions, wherever mentioned in
this Statute, will have the meaning indicated opposite each of them unless the
context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
DIFC: |
The Dubai International Financial
Centre. |
|
Courts: |
These include the Dubai Courts, the
Rental Disputes Settlement Centre in the Emirate; and any other centres or
tribunals, as the case may be, established pursuant to legislation issued by the Ruler and vested with the power to supervise arbitration
proceedings. |
|
DIAC: |
The Dubai International Arbitration
Centre. |
|
Board of Directors: |
The board of directors of the DIAC. |
|
Chairman: |
The chairman of the Board of
Directors. |
|
Arbitration Court: |
The arbitration court formed pursuant
to this Statute. |
|
Executive Director: |
The executive director of the DIAC. |
|
Dispute: |
Any local, regional, or international
dispute arising out of a contract, a relationship, an incident, or any
other matter relating to commercial, civil, real property, maritime,
construction, investment, or other business
activities. |
|
ADR Method: |
Any method, other than litigation, for
the resolution of local or international Disputes. This includes any type of arbitration, conciliation, mediation,
negotiation, and any other alternative Dispute
resolution method approved by the Board of Directors. |
The DIAC aims to achieve the following objectives:
1.
to
consolidate the position of the Emirate as a reliable international centre for
Dispute resolution through ADR Methods;
2.
to enhance the
position of the DIAC as one
of the best options available to parties to Disputes for
efficient and effective Dispute resolution,
through adopting the international best practices in ADR Methods management;
and
3.
to promote
recourse to ADR Methods with a view to serving the best interest of the finance and business community in
the Emirate.
For the purpose of achieving its objectives, the DIAC will have the
duties and powers to:
1.
provide the
service
of administrative supervision of arbitration at the DIAC in
accordance with the arbitration rules adopted by the DIAC or those agreed upon by the parties to Disputes;
2.
resolve
Disputes through ADR Methods in various languages and in accordance with the
relevant rules adopted by the DIAC;
3.
coordinate,
cooperate, and conclude agreements and memoranda of understanding with specialised regional and international arbitration institutions and
centres, with a view to enabling the DIAC to achieve its
objectives. This includes exchanging
expertise, lists of arbitrators and conciliators, and other resources;
4.
conclude
agreements and memoranda of understanding with competent courts within and outside of the Emirate on matters related
to the enforcement of arbitral awards and decisions issued by the DIAC
arbitration tribunals, and the ratification of
settlement
agreements mediated by the conciliators registered
with the
DIAC, in accordance with the procedures
and standards adopted by the competent courts
and as agreed upon with these courts in
this regard;
5.
raise
awareness on ADR Methods through organising
conferences, symposia, workshops, and training courses; and issuing print
materials and publications specialised in ADR Methods;
6.
create a
register of DIAC members and lists of arbitrators, experts, and conciliators who are qualified and versed in the
requirements and procedures of ADR Methods;
7.
create a
database of the decisions issued by the Arbitration Court on the recusal and removal of arbitrators, experts, and conciliators; and publish the same on the DIAC website and its approved digital channels, taking into consideration the confidentiality of the details of arbitrators, experts, conciliators, and parties to Disputes;
8.
provide the
rules of arbitration
and conciliation and the bylaws governing the ADR Methods in
various languages, and publish the same on the
DIAC website and its approved digital channels; and
9.
exercise
any other duties or powers required for the achievement of the objectives of the DIAC.
a.
Unless
otherwise agreed by the parties to arbitration, the following provisions and
rules will apply in respect of the place and seat of arbitration:
1.
Where the
parties to arbitration choose the Emirate as the seat or place of arbitration,
the Arbitration Agreement and arbitration proceedings will be governed by the
above-mentioned Federal Law No. (6) of 2018;
and the Courts will have jurisdiction to consider any claim, application, or
appeal relating to any award issued or arbitration measure taken by the DIAC
arbitration tribunals.
2.
Where the
parties to arbitration choose the DIFC as the seat or place of arbitration, the
Arbitration Agreement and arbitration proceedings will be governed by the
above-mentioned DIFC Law No. (1) of 2008 or any other superseding
legislation; and the DIFC Courts will have
jurisdiction to consider any claim, application, or appeal relating to any
award issued or arbitration measure taken by the DIAC arbitration tribunals.
b.
Where the
parties to arbitration fail to agree on the place or seat of arbitration, the
DIFC will be deemed the place or seat of arbitration;
and the Arbitration Agreement and arbitration proceedings will be governed by
the provision stipulated in sub-paragraph (a)(2)
of this Article and by the arbitration rules adopted by
the
DIAC.
c.
Without
prejudice to paragraphs (a) and (b) of this Article, the parties to arbitration
may agree that arbitration hearings be held at any place they deem appropriate
or through modern communication means and electronic technologies.
The DIAC will have the following organisational levels:
1.
the Board
of Directors;
2.
the
Arbitration Court; and
3.
the
administrative body.
a.
The DIAC will have a Board of Directors comprised
of a Chairman, a vice chairman, and other members, who are highly qualified and experienced at local and international
levels in economics, business administration, financial services, ADR Methods, and other relevant fields inside and outside of the
Emirate. The total number of the Board of Directors members may not exceed nine
(9), including the Chairman and the vice chairman. Members of the Board of
Directors will be appointed pursuant to a resolution of the Ruler.
b.
Where the
post of Chairman falls vacant for any of the reasons stipulated in Article (14)
of this Statute, the vice chairman will act as the Chairman until a new
Chairman is appointed.
c.
The vice chairman of the Board of Directors
will exercise the powers vested in the Chairman pursuant to the provisions of
this Statute in case of his absence or inability to perform his duties for any
reason whatsoever.
d.
Where the
post of a member of the Board of Directors falls vacant for any of the reasons
stipulated in Article (14) of this Statute, the Board of Directors will continue to perform its duties, provided that the
number of the remaining members, including the Chairman and vice chairman, is
not less than two-thirds (2/3) of the original number of members.
a.
Membership
of the Board of Directors will be for a term of four (4) years, commencing from
the date of appointment. This term is renewable
for the same period.
b.
Where a new
member is appointed in place of another member of the Board of Directors, the
new member will serve for the remainder of the term of his predecessor.
c.
Where the
Board of Directors is not reconstituted upon the expiry of its term of office,
the Board of Directors whose term has expired will continue to perform its
duties until a new Board of Directors is formed.
a. The Board of Directors will undertake general supervision of
the
DIAC, and for this purpose will have the duties and powers to:
1. approve, and supervise the implementation of, the general
policy and strategic plans required
for the achievement of the objectives of the DIAC;
2. approve the rules of arbitration
and conciliation and the bylaws regulating
ADR Methods, including the rules and bylaws specific to each method. These rules and bylaws must be prepared and adopted in accordance
with the international best practices
and taking into consideration the size and complexity of Disputes and the cultural and legal
diversity of the parties thereto;
3. propose amendments to the Statute and submit the same to the
competent entities in the Emirate for consideration, in preparation for their approval by the Ruler;
4. establish rules, regulations, procedures, and requirements
for arbitration funders;
5. approve the organisational structure of the administrative
body of the DIAC, and approve the bylaws and
regulations governing the administrative, financial, and technical affairs of the DIAC, including the human resources regulations of the DIAC;
6. appoint the Executive Director and determine the terms of
his service and his employment entitlements;
7. approve the lists of DIAC arbitration and conciliation fees,
including the fees of the arbitrators,
conciliators, and experts engaged by the DIAC, and the charges for
all
other services provided by the DIAC in respect of
ADR Methods;
8. approve the bylaws prescribing the requirements and procedures for DIAC membership; for registration on lists of arbitrators, conciliators, and experts; and for all other services provided by the
DIAC in respect of ADR Methods;
9. approve lists of the DIAC
membership fees and the fees for registration
of arbitration claims, registration on lists of arbitrators, conciliators, and experts; and all other services provided by the DIAC in respect of ADR Methods;
10. review and approve the annual report on the performance,
work, achievements, and activities of the DIAC;
11. approve the annual budget and financial statements of the DIAC;
12. appoint, remove, and determine the remuneration of, DIAC
external auditors; and review and approve the financial reports and notes submitted by these auditors at the end of
each financial
year;
13. form advisory committees to assist the Board of Directors in
the performance of its duties and enable it to achieve its objectives; and
determine the duties, powers, and tenures of these committees;
14. approve the codes of conduct and professional ethics for arbitrators,
conciliators, and experts; and for
all other services
provided by the DIAC in respect of ADR Methods;
15. approve the governance rules regulating the work of the
Board of Directors, the Arbitration Court,
and the sub-committees;
16. propose policies and conduct
studies on arbitration, conciliation, and ADR Methods; and present the same to
the concerned entities in the Emirate to take the
necessary action in respect thereof; and
17. exercise any other duties or powers required for the
achievement of the objectives of the DIAC.
b. With the exception of the powers vested in the Board of
Directors under sub-paragraphs (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(10),
(a)(11), (a)(12), and (a)(13) of this Article, the Board of Directors may
delegate any of its powers under paragraph (a) of
this Article to the Arbitration Court, provided that such
delegation is specific and in writing.
c. The Chairman will sign cooperation agreements and memoranda
of understanding with specialised
local and international arbitration centres and institutions. The Chairman may
delegate this power to any member of the Board of Directors or to the Executive
Director, provided that such delegation is specific and in writing.
a.
The Board
of Directors will convene at the invitation of the Chairman, or the vice
chairman where the Chairman is absent, at least once
every three (3) months, where necessary, and
upon the request of the Arbitration Court.
b.
Invitations
to the Board of Directors meetings will be sent to all its members in accordance with the procedures prescribed by the DIAC
bylaws. The letter of invitation must include the agenda, time, and venue of
the meeting.
c.
Meetings of
the Board of Directors will be chaired by the Chairman,
or the vice chairman where the Chairman is absent. In case of absence of both the Chairman and the vice chairman, the Board of
Directors will elect from amongst its members the chair of the meeting, in which case the Chairman and vice chairman
will
be provided, immediately upon the end of
the meeting, with copies of the resolutions passed.
d.
Subject to
paragraph (h) of this Article, meetings of the Board
of Directors will be valid only if attended by the majority of its members.
e.
The Board
of Directors may hold its meetings and pass its resolutions and recommendations using means
of electronic communication, as prescribed by DIAC
bylaws
in this respect.
f.
Resolutions
and recommendations of the Board of Directors will be passed by majority vote
of the attending members; and in the event of a tie, the chair of the meeting
will have the casting vote.
g.
Resolutions
and recommendations of the Board of Directors will be recorded in minutes
signed by the chair of the meeting and attending members.
h.
Where the
subject matter of a meeting is related to amending this Statute, the rules of arbitration
and conciliation, any of the services provided by the DIAC in respect
of the ADR Methods, or any of the DIAC
bylaws, the meeting will be valid only if attended by at least two-thirds (2/3)
of the members of the Board of Directors, provided that the Chairman or vice
chairman is in attendance. In this case, the resolutions of the Board of
Directors will be passed by a majority vote of at least three-quarters (3/4) of
the
attending members.
a.
A court of
arbitration will be formed within the DIAC and
will be comprised of a president, a vice president,
and other
members. The total number of members must not exceed
thirteen (13), including the president and the
vice president of the Arbitration Court.
The members of the Arbitration Court will be appointed pursuant
to a resolution of the Board of Directors; and must have experience and
competence at local and international levels in arbitration, conciliation, and other fields related to ADR Methods. The president of
the Arbitration
Court may be a member of the Board of
Directors.
b.
The term of
membership
in the Arbitration Court will be four (4) years and
will not be renewable.
c.
Where the
position of a member of the Arbitration Court falls
vacant, or he becomes unable to perform his duties for
any reason, the Board of Directors must appoint another member to replace him
for the remainder of the tenure of the Arbitration Court.
The Arbitration Court will undertake general
supervision of the ADR Methods offered by the DIAC, and will ensure that they are used properly, in a timely manner, and with the required
efficiency. For this purpose, the Arbitration Court will have the
duties and powers to:
1.
supervise
the implementation of the provisions of this Statute, the rules of arbitration
and conciliation
adopted by the DIAC, the bylaws regulating the ADR Methods, and any
other arbitration rules agreed upon by the parties to Disputes, including the
rules of the United Nations Commission on International Trade Law (UNCITRAL);
2.
propose, in
coordination with the Executive Director, policies on arbitration, conciliation, and ADR Methods; and submit the same to the Board of
Directors for approval, in preparation for their referral to the concerned
entities in the Emirate;
3.
propose, in
coordination with the Executive Director, plans for training and qualifying
arbitrators and mediators; and
present the same to the Board of Directors for approval;
4.
propose
amendments to this Statute, and submit the same
to the Board of Directors for approval;
5.
propose
arbitration and conciliation rules and procedures, and the bylaws regulating ADR Methods, including the rules and bylaws specific to
each method, and any amendments made to them
in line with the latest developments and international
practices on ADR methods; and
submit the same to the Board of Directors for approval;
6.
appoint
arbitration tribunals and conciliation panels in accordance with the rules
of arbitration and conciliation adopted by the DIAC;
7.
determine
requests for recusal, removal, or reconsideration of appointment of arbitrators
and conciliators; and provide reasons for such recusal,
removal, or reconsideration of appointment, in accordance with the rules of arbitration
and conciliation
adopted by the DIAC;
8.
supervise
the review of draft arbitral awards and decisions in terms of form before their approval by arbitrators, in order to
ensure their validity
and convenient enforceability;
9.
supervise
emergency arbitration before the commencement of arbitration proceedings, as
prescribed by the arbitration rules and the DIAC
bylaws in this respect;
10. propose the list of fees of the arbitrators,
conciliators, and experts engaged by the DIAC and of all other services provided by the DIAC in respect of ADR Methods;
and submit the same to the Board of Directors for approval;
11. determine the fees and charges for
arbitration, conciliation, and other services provided by the DIAC in respect of ADR Methods;
12. propose the bylaws prescribing the requirements and procedures for DIAC
membership; for registration on lists of
arbitrators, conciliators, and experts; and for all other services
provided by the DIAC in respect of ADR Methods; and submit the same to the Board of Directors for
approval;
13. consider and determine applications for DIAC membership and for registration on lists of arbitrators, conciliators, and experts;
14. propose the codes of conduct and professional ethics for
arbitrators, conciliators, and
experts, taking into consideration the principles of good governance,
transparency, integrity, and justice; and submit the same to the Board of
Directors for approval;
15. assist the Board of Directors in all matters referred to the
Arbitration
Court, when so requested;
16. participate in the symposia, lectures, training courses, and
workshops conducted by the DIAC on ADR Methods;
17. prepare periodic reports on the outcomes of the Arbitration Court’s performance indicators; and submit the same to the
Board of Directors to issue the relevant directives
as it deems appropriate;
18. propose, in coordination with the Executive Director, the
remuneration of members of the Arbitration Court and its sub-committees;
and submit the same to the Board of Directors for approval; and
19. exercise any other duties or powers assigned to the Arbitration Court under the arbitration and conciliation rules, the
bylaws regulating the ADR Methods, and the bylaws
of the DIAC; or assigned or delegated to the Arbitration
Court by the Board of Directors.
a.
The Arbitration Court will convene at the invitation of its president, or the vice president where the
president is absent, at least once every (60) sixty
days, and where necessary, in accordance with the relevant procedures
prescribed by the DIAC bylaws.
b.
Invitations
to Arbitration
Court meetings will be sent to its members at least seven (7) days prior to the date scheduled for the meeting. The letter of invitation must include the
agenda, time, and venue of the meeting.
c.
Arbitration Court
meetings will be chaired by its president,
or the vice president where the president is absent.
In case of absence of both the
president and the vice president,
the Court will elect from amongst its
members the chair of the meeting.
d.
Arbitration Court
meetings will be valid only if attended by the majority of its members. The Arbitration Court will pass its resolutions and recommendations by
majority vote of the attending members; and in the
event of a tie, the chair of the meeting will have the casting
vote.
e.
Arbitration Court
resolutions and recommendations will be recorded in minutes of meetings signed
by the chair of the meeting and attending members.
f.
The Arbitration Court may hold its meetings and pass its resolutions and
recommendations using means of electronic communication, as prescribed by DIAC
bylaws in this respect.
g.
The Arbitration Court may pass its resolutions and recommendations by
circulation in respect of the matters
specified by the president of the Arbitration Court.
The Board of Directors may form permanent or temporary
sub-committees from amongst the Arbitration Court members or other persons to assist the Arbitration Court in the
performance of its duties under this Statute and the rules of arbitration and conciliation
adopted by the DIAC.
The membership of a member of the Board of Directors or the
Arbitration Court will be terminated
if he:
1.
dies;
2.
is declared
bankrupt or insolvent;
3.
resigns by
means of a letter addressed to the Board of Directors, provided that the resignation is
accepted pursuant to a resolution
issued by the Ruler, in case of a Board of Directors member, or
issued by the Board of Directors, in case of
an
Arbitration Court member;
4.
becomes of
defective legal capacity or legally incapacitated under the laws of his country
of citizenship; or
5.
is
convicted by a final court judgement in a felony or other crime affecting
honour or trustworthiness.
The Executive Director will undertake management of the DIAC and supervision
of its day-to-day work. For this purpose, the Executive Director will have the duties and powers to:
1.
propose the
DIAC general policy and strategic plans required for the achievement of its
objectives; submit the same to the Board of Directors for approval; and follow up their implementation;
2.
propose the
organisational structure of the DIAC administrative body, and submit the same
to the Board of Directors for approval;
3.
propose the
bylaws and regulations governing the administrative, financial, and technical
work of
the DIAC, including human resources regulations;
and submit the same to Board of Directors for approval;
4.
supervise
the implementation of the approved annual budget of the DIAC;
5.
supervise
the work of the DIAC administrative body, and appoint competent and specialised
employees;
6.
prepare, pursuant to the
DIAC bylaws, the draft annual budget and
financial statements of the DIAC,
submit the same to the Board of Directors for approval, and provide the Board
of Directors with the financial data and information on the annual plan and
administrative and logistic needs of the DIAC,
within the time frames prescribed by the Board of Directors in this respect;
7.
attend the
meetings of the Board of Directors and the Arbitration Court, and participate in the discussions and deliberations taking place
during these meetings, without
the right to vote on the resolutions
and recommendations of the Board of Directors or the Arbitration Court;
8.
propose, in
coordination with the Arbitration Court,
the bylaws prescribing the fees for
registration of claims, for DIAC
membership, for registration on lists of
arbitrators, conciliators, and experts, and for all other services provided by the DIAC in respect of ADR Methods; and submit the same to the Board of Directors
for approval;
9.
sign
documents on behalf of the DIAC in respect of all administrative and financial
matters, in accordance with the authority matrix adopted under the DIAC bylaws and the relevant resolutions passed by the
Board of Directors;
10. implement the resolutions issued by the Board of Directors,
the Arbitration
Court, and the sub-committees;
11. manage the funds and bank accounts of the DIAC in accordance with the relevant DIAC bylaws approved by
the Board of Directors;
12. prepare an annual report on the achievements,
work, and various activities of the DIAC, and
any other
periodic reports or work requested by
the Board of Directors or the Arbitration Court, within the time frames prescribed by the Board of Directors or the Arbitration Court in this respect;
13. submit proposals on cooperation with local and international specialised arbitration centres and
institutions for the achievement of DIAC objectives; and present the same to
the Board of Directors to take the
appropriate action in this regard; and
14. exercise any other duties or powers assigned or delegated to
him by the Board of Directors.
Subject to the functions of the Executive Director stipulated in
Article (15) of this Statute, the administrative body of the DIAC will, under the
Executive Director's supervision, have the duties to:
1.
provide
administrative support services to the Arbitration Court and arbitration tribunals; and provide
translation and logistic services related to arbitration and conciliation
hearings;
2.
record and
maintain the minutes of meetings of the Board of Directors, the Arbitration Court, and the sub-committees;
3.
notify the
parties to Disputes of the date, time, and venue of arbitration hearings where
so requested by arbitration tribunals, arbitrators, or conciliators;
4.
provide the
parties to Disputes, upon their request, with
names of arbitrators, conciliators, and Dispute
settlement experts and specialists depending on their qualifications,
experience, and areas of expertise;
5.
prepare a
summary of each Dispute, and submit the same to
the Arbitration
Court together with a copy of the
arbitration application;
6.
create a
register to keep the files of arbitration and conciliation cases; and maintain
the original copies of the awards of the DIAC arbitration tribunals;
7.
provide
information on arbitration and conciliation, and explain the procedures adopted
in Dispute settlement;
8.
prepare the
forms necessary for arbitration and conciliation proceedings, particularly the conflict of interest disclosure form;
9.
prepare,
maintain, and regularly update electronic
lists of the names of arbitrators, conciliators, and experts; and a register of DIAC members, containing
their respective addresses and specialities;
10. prepare a register of the decisions
issued by the Arbitration Court regarding the recusal and
dismissal of arbitrators, conciliators, and experts; provide a summary of, and the reasons for such decisions for the
purposes of their publication on the DIAC
website, taking into consideration the
confidentiality of the details of arbitrators, conciliators, experts, and parties to Disputes;
11. manage and periodically update the DIAC
website;
12. submit to the Executive Director reports on performed tasks and on the future plans required for achieving the
objectives of the DIAC;
13. make proposals as required
for developing the processes of arbitration, conciliation, and any other ADR Methods;
14. conduct a periodic review of the arbitration and
conciliation rules and the bylaws regulating the services provided by the DIAC in
respect of ADR Methods; and conduct benchmarking with the
best rules and bylaws adopted by other local and international arbitration
centres and institutions;
15. publish and supervise periodicals and other publications of the DIAC;
16. organise and participate in symposia, lectures, training
courses, and workshops on ADR Methods;
17. supervise the processes of coordination and collaboration
with local and international arbitration centres and institutions specialised
in areas that serve the DIAC objectives;
18. consider the applications for registration on lists of arbitrators,
conciliators, and experts; and applications for DIAC membership; and
19. exercise any other duties or powers that are assigned to it
by the Executive Director or that are required for running the daily business
of the
DIAC.
The financial resources of the DIAC will consist of:
1.
fees for
registration of applications for arbitration, conciliation, and other ADR
Methods;
2.
fees for
registration on the lists of
arbitrators, conciliators, and experts;
3.
DIAC
membership fees;
4.
revenues received
by the
DIAC in return for performing activities and providing services;
and
5.
any other
financial resources approved by the Board of Directors.
a.
In managing
its accounts and records, the DIAC will
apply commercial accounting rules and principles in accordance with recognised
international standards.
b.
The
financial year of the DIAC will commence on 1 January
and will end on 31 December of each year.
The Chairman will represent the DIAC before official and unofficial entities and judicial
authorities. The Chairman may delegate this power to any members of the Board
of Directors, to the Arbitration Court, or to the
Executive Director, provided that such delegation is specific and in writing.
Registration on the lists of arbitrators, conciliators, and
experts will be subject to the approval by the Arbitration Court of an
application submitted to the DIAC on the form prescribed by it for this purpose and supported by the
required documents; and in accordance with the conditions prescribed by the
relevant bylaws approved by the Board of Directors.
Membership of the DIAC will be awarded in accordance with
this Statute, subject to approval by the Executive Director, and based on an application submitted to the DIAC on the form
prescribed by it for this purpose and supported by the required
documents. Membership will be awarded in accordance with the
membership bylaw approved by the Board of Directors, which determines
membership categories, standards, requirements, and fees.
a.
Meetings
and deliberations of the Board of Directors, the Arbitration Court, and the sub-committees will be held in camera. No
chairperson or member thereof may attend or participate in meetings or vote on
any matter or decision to which he is party, in which he has a direct or an
indirect interest, or in respect of which he is an agent, a legal
representative, a guardian, or a custodian of one of the disputants. In any
event, each chairperson or member must disclose such a relationship or conflict
of interest, if any.
b.
The chairpersons and members of the
Board of Directors, the Arbitration Court,
and the sub-committees; the
Executive Director; and the employees of the administrative body of the DIAC must
not disclose or divulge, during or after their term of service with the DIAC, any information or documents related to the work or
services of the DIAC.
c.
All
information provided by the parties to a Dispute is
deemed confidential. Any person who gains access to such information must not
disclose or divulge it without the written consent of
the parties to the Dispute or a request of the competent judicial authority.
a.
In
exercising their duties and powers at the DIAC under the rules of arbitration and conciliation adopted by the DIAC, the Arbitration
Court, the sub-committees, the Executive
Director, and the employees
of the administrative body of the DIAC must act independently and impartially; and must not follow any
instructions in respect of discharging their duties at the DIAC.
b.
In performing their duties in respect of considering and determining arbitration claims, arbitrators
are
deemed independent of the Board of Directors,
the Arbitration
Court, the sub-committees, and the
Executive Director; and are not bound by any
instructions in respect of discharging the duties related
to such claims.
Neither the Chairman, nor any member of the Board of
Directors, the Arbitration Court, a sub-committee, or an arbitration tribunal, nor the
Executive Director, nor any employee of the administrative body of the DIAC will, in the
course of performing his duties at the DIAC, incur civil liability for any act or omission
committed
by him
as a result of an inadvertent error. The DIAC will be solely liable for such an
act or omission.
a.
All
notices, communications, and correspondence stipulated in this Statute and in the rules of arbitration and conciliation
must be in writing, and may be dispatched
by the means of communication specified in the DIAC bylaws.
b.
The notices,
communications, and correspondence referred to in paragraph (a) of this Article
will take effect as of the day following delivery of the same to the addressee.
©2021 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort has been made to produce an accurate
and complete English version of this legislation. However, for the purpose of
its interpretation and application, reference must be made to the original
Arabic text. In case of conflict, the Arabic text will prevail.