Decree
No. (17) of 2019
Approving
the
Statute
of 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;
Law
No. (8) of 1997 Regulating the Dubai Chamber of Commerce and Industry, its
Implementing Bylaw, and their amendments;
Decree
No. (10) of 2004 Establishing the Dubai International Arbitration Centre; and
Decree
No. (58) of 2009 Approving the Statute of the Dubai International Arbitration
Centre,
Do hereby issue this Decree.
Pursuant
to this Decree, the attached Statute of the Dubai International Arbitration
Centre, inclusive of the rules and provisions stipulated therein, is approved.
a. The Statute
attached to this Decree supersedes the Statute approved pursuant to the
above-mentioned Decree No. (58) of 2009.
b. Any provision in
any other legislation will be repealed to the extent that it contradicts the
provisions of this Decree and the Statute attached hereto.
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 23 April
2019
Corresponding to 18 Shaban 1440 A.H.
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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. |
|
DCCI: |
The Dubai Chamber of Commerce and Industry. |
|
Board of Directors: |
The board of directors of the DCCI. |
|
DIAC: |
The Dubai International Arbitration Centre. |
|
Board of Trustees: |
The board of trustees of DIAC. |
|
Chairman: |
The chairman of the Board of Trustees. |
|
Executive Committee: |
The executive committee of DIAC. |
|
Sub-committees: |
The committees formed pursuant to a resolution of
the Board of Trustees to perform the duties assigned to them in that
resolution. |
|
Director: |
The director of DIAC. |
a. This Statute will
apply to the Dubai International Arbitration Centre established pursuant to the
above-mentioned Decree No. (10) of 2004. DIAC is hereby affiliated to the DCCI.
b. DIAC will enjoy
full independence in providing its services of resolving disputes through
arbitration or conciliation.
DIAC
aims to:
1. manage national,
regional, and international arbitration through an integrated and advanced
institutional framework;
2. encourage recourse
to arbitration as the fastest and most cost-effective means of resolving
disputes, with a view to serving the finance and business sector;
3. provide a legal
environment that supports the development of business in the Emirate by efficiently and
effectively resolving
the disputes arising therefrom through arbitration;
4. enhance arbitration
procedures to be in line with the requirements of good governance, integrity,
and justice;
5. contribute to
promoting the culture of arbitration at the local, regional, and international
levels; and
6. provide flexible
and impartial mechanisms to easily and smoothly resolve disputes.
For
the purpose of achieving its objectives, DIAC will have the duties and powers
to:
1. provide the
service of resolving national and international commercial disputes through
arbitration and conciliation, in accordance with the provisions of this Statute
and the rules adopted by DIAC or the rules agreed upon by parties to disputes;
2. promote and
develop cooperation between DIAC and other specialised local, regional, and
international arbitral institutions and arbitration centres;
3. promote awareness
on the importance of arbitration and conciliation;
4. organise
conferences, symposia, workshops, and training courses; and issue publications
specialised in arbitration and conciliation;
5. create a register
of qualified arbitrators, experts, and conciliators who are knowledgeable about
arbitration or conciliation requirements and procedures; and
6. exercise any other
duties or powers required for the achievement of the objectives of DIAC.
a. The arbitration
rules and procedures of DIAC and any amendment thereto will be governed by a
decree issued by the Ruler in this respect.
b. The conciliation
rules and procedures of DIAC and any amendment thereto will be governed by the
bylaws approved by the Board of Trustees in consultation with the Board of
Directors.
c. The work
procedures of DIAC will be regulated pursuant to the bylaws issued by the Board
of Trustees. These bylaws will regulate the areas pertaining to the duties and
powers assigned to DIAC under this Statute.
d. The administrative
and financial bylaws and human resources regulations of the DCCI will apply to
DIAC and its employees.
DIAC
will have the following organisational levels:
1. the Board of
Trustees;
2. the Executive
Committee; and
3. the administrative
body.
a. DIAC will have a
Board of Trustees comprised of a Chairman, a vice chairman, and no more
than fifteen (15) members who are experienced and specialised in arbitration
and conciliation. Members of the Board of Trustees will be appointed pursuant
to a decree of the Ruler upon the recommendation of the Board of
Directors.
b. Where the post of
Chairman falls vacant for any of the reasons stipulated in Article (11) of this
Statute, the vice chairman will act as the Chairman until a new Chairman is
appointed.
c. Where the post of
a member of the Board of Trustees falls vacant for any of the reasons
stipulated in Article (11) of this Statute, the Board of Trustees 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 Trustees will be for a term of three (3) years, renewable for the same
period.
b. Where a new member
is appointed in place of another member of the Board of Trustees, the new
member will serve for the remainder of the term of his predecessor.
c. Where the Board of
Trustees is not reconstituted upon the expiry of its term of membership, the
Board of Trustees whose term has expired will continue to perform its duties
until a new Board of Trustees is formed.
a. The Board of
Trustees will supervise DIAC. For this purpose, it will have the duties and powers to:
1.
approve, and
supervise the implementation of, the general policy and strategic plans of
DIAC;
2.
propose amendments
to this Statute and to the arbitration rules and procedures in consultation
with the Board of Directors. The Board of Directors will then submit such amendments
to the competent entities in the Emirate for consideration in preparation for
approval and issuance pursuant to a decree of
the Ruler;
3.
approve the
organisational structure of the administrative body of DIAC and its internal
bylaws and regulations, and submit the same to the Board of Directors for final
approval;
4.
approve, in consultation
with the Board of Directors, the list of
fees of arbitrators, conciliators, and experts engaged by DIAC;
5.
approve the bylaws
prescribing the requirements for registration of arbitrators, conciliators, and
experts and the procedures for DIAC membership;
6.
approve, in consultation
with the Board of Directors, DIAC
membership fees and the fees for registration of proceedings, for registration of arbitrators
and conciliators, and for other services provided by DIAC;
7.
approve the annual
report on the work and activities of DIAC, and submit the same to the Board of
Directors;
8.
approve the annual
budget and financial statements of DIAC, and submit the same to the Board of
Directors for final approval;
9.
form and dissolve Sub-committees and determine their duties;
10.
propose the
remuneration of members of the Executive Committee and of the Sub-committees formed within DIAC, in accordance with this
Statute, and submit the same to the Board of Directors for approval as part of
the annual budget of DIAC;
11.
approve the code of
conduct and professional ethics of arbitrators and conciliators, which must
observe the principles of good governance, transparency, integrity, and
justice; and
12.
exercise any other
duties or powers required to achieve the objectives of DIAC,
as assigned to it by the Board of Directors.
b. With the
exception of the powers set out in sub-paragraphs (a)(1) and (a)(8) of this Article, the Board
of Trustees may delegate any of its powers under paragraph (a) of this Article
to the Director or the Executive Committee, provided that such delegation is
specific and in writing.
c. The Chairman or
his authorised representative will have the authority to execute cooperation
agreements and memoranda of understanding between DIAC and other specialised
local and international arbitral institutions and arbitration centres.
a. The Board of
Trustees will convene at the invitation of the Chairman, or the vice chairman in case
of absence of the Chairman, or upon the request of the Executive Committee, at
least four (4) times a year and where required, at the time and venue specified
in the meeting invitation.
b. The rules and
procedures for holding and managing the Board of Trustees meetings, the methods of passing its
decisions and recommendations and recording the minutes of its meetings, the means of
communication amongst its members, and any other related matters will be
regulated by the relevant bylaws approved by the Board of Trustees.
c. Meetings of the
Board of Trustees will be chaired by the Chairman or, in his absence, by the
vice chairman. Where both the Chairman and the vice chairman are absent, the
Board of Trustees will elect from amongst its members the chair of the meeting.
d. Where the subject
matter of a meeting relates to amending the DIAC Rules of Arbitration and
Conciliation 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 Trustees, provided that the Chairman
or vice chairman is in attendance. In this case, the resolutions of the Board of Trustees
will be passed by a majority vote of at least three-quarters (3/4) of attending
members.
The
membership of a member of the Board of Trustees will be terminated if he:
1. passes away;
2. is declared
bankrupt or insolvent;
3. resigns by means
of a letter addressed to the Board of Trustees;
4. becomes of
defective legal capacity or legally incapacitated under the laws of his country
of citizenship or the UAE laws; or
5. is convicted by a
final court judgement in a felony or other crime affecting honour or
trustworthiness, even if he has been rehabilitated.
a. An Executive
Committee will be formed at DIAC. The Executive Committee will be comprised of
at least five (5) members of the Board of Trustees including its chairman and
vice chairman. Members of the Executive Committee will be appointed pursuant to
a resolution of the Chairman, based on consultation with the Board of Trustees members, at the first
meeting of the Board of Trustees.
b. Membership of the
Executive Committee will be for a term of three (3) years, renewable for the same period.
c. Where the post of
a member of the Executive Committee falls vacant, or the member becomes
incapable of performing his duties for any reason whatsoever, the Chairman
will, in consultation with the Board of Trustees members, appoint another
member to replace him for the remainder of the tenure of the Executive
Committee.
a. The Executive Committee will have the duties and powers to:
1.
propose amendments
to the DIAC Rules of Arbitration and Conciliation in accordance with Articles (5) and (9) of this Statute;
2.
supervise the
implementation of this Statute, the DIAC Rules of Arbitration and Conciliation,
and the bylaws that are relevant to the duties of DIAC; and issue the instructions
required for their implementation;
3.
consider and
determine applications for registration on the lists
of arbitrators, conciliators, and experts;
4.
appoint arbitral tribunals and conciliation panels
in accordance with the DIAC Rules of Arbitration and Conciliation;
5.
assist the Board of
Trustees in all urgent matters referred to it, when so requested;
6.
prepare periodic
reports on its performance, and submit these to the Board of Trustees;
7.
seek assistance
from experts and specialists as its deems appropriate to assist it in
performing its duties under this Statute, provided that they do not have a vote
in its deliberations; and
8.
exercise any other
duties or powers assigned to the Executive Committee under this Statute, the
DIAC Rules of Arbitration and Conciliation, and the bylaws of the DIAC; or
assigned to it by the Board of Trustees.
b. Notwithstanding
the provisions of paragraph (a) of this Article, the Board of Trustees may
assign any of the duties and powers of the Executive Committee stipulated in
paragraph (a) of this Article to one or more of the Sub-committees formed in
accordance with Article (15) of this Statute.
The
rules and procedures for holding and managing the Executive Committee meetings,
frequency of its meetings, the methods of passing its
recommendations
and decisions and recording the minutes of its meetings, the
means of communication
amongst its members,
and any other related matters will be regulated by the relevant bylaws approved
by the Board of Trustees.
a. The Board of
Trustees may, pursuant to a resolution it issues in this respect, form
Sub-committees from amongst its members or other persons.
b. A Sub-committee
may invite the experts and specialists it deems appropriate to attend its
meetings, provided that they do not have a vote in its deliberations.
c. The rules and
procedures for holding and managing Sub-committees' meetings, frequency of their meetings, the
methods
of passing their recommendations
and decisions and recording the minutes of their meetings, the means of communication amongst their members, and any
other related matters will be regulated by the relevant bylaws approved by the
Board of Trustees.
a. The Director will be appointed pursuant to a resolution
of the Board of Directors on the nomination of the Board of Trustees.
b. The Director will
have the duties and powers to:
1. propose the general policy and strategic plans of DIAC, submit the same to the Board of
Trustees for approval, and follow up their implementation;
2.
propose the bylaws
regulating DIAC work, and submit the
same for approval in accordance with the provisions of this Statute;
3.
consider
applications for registration on the lists of arbitrators, conciliators, and experts and for DIAC membership;
4.
propose the
organisational structure of DIAC administrative body, and submit the same to
the Board of Trustees for approval;
5.
implement the resolutions
issued by the Board of Trustees, Executive Committee, and Sub-committees;
6.
attend the meetings
of the Board of Trustees, Executive Committee, and Sub-committees; and participate in their discussions without having the
right to vote;
7.
act as secretary of
the meetings of the Board of Trustees, the Executive Committee, and
Sub-committees; and assign any DIAC
employee as secretary of the meetings of Sub-committees;
8.
supervise the management of the affairs of DIAC and the implementation of
its annual budget;
9.
represent DIAC
before third parties and sign documents on its behalf as per the authority and powers granted to him under this Statute; the rules and bylaws of
DIAC; and the resolutions issued by the Board of Trustees, the Executive
Committee, or Sub-committees;
10.
prepare the annual
report on the achievements, work, and activities of DIAC and any other periodic
reports requested by the Board of Trustees or the Executive Committee;
11.
provide the Board of Directors, when preparing
the draft annual budget of DIAC, with financial data and information on the
annual plan and administrative and logistic needs of DIAC, within the time
frames prescribed by the Board of Directors in this respect; and
12.
exercise any other
duties or powers assigned to him by the Chairman, the Board of Trustees, or the
Executive Committee.
Subject
to the duties and powers of the Director stipulated in Article (16) of this
Statute, the administrative body of DIAC will, under the Director's supervision,
exercise the duties and powers to:
1. receive
applications for arbitration and conciliation, other applications for dispute
settlement, any responses thereto, and all relevant documents; and notify the parties to the
dispute thereof;
2. 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;
3. prepare a summary
of each dispute, and
submit the same to the Executive Committee together with a copy of the
arbitration application;
4. create a register
to keep the files of arbitration and conciliation applications filed with DIAC;
and maintain original copies of the awards rendered in respect thereof;
5. provide
information on arbitration and conciliation, and explain the procedures adopted
in dispute resolution;
6. develop the forms
required for facilitating the arbitration and conciliation procedures;
7. create, maintain,
and update an electronic register of the names, addresses, and areas of
expertise of arbitrators, conciliators, experts, and DIAC members;
8. submit to the Director
reports on achieved tasks and on future plans that are required for achieving
the objectives of DIAC;
9. submit proposals
for developing the arbitration and conciliation process;
10. record and
maintain the minutes of meetings of the Board of Trustees, the Executive
Committee, and Sub-committees;
11. publish and
supervise periodicals and other publications of DIAC;
12. organise and
participate in symposia, lectures, training courses, and workshops on dispute
settlement through arbitration and conciliation;
13. cooperate with
other specialised local and international arbitral institutions and arbitration
centres
in fields that promote the objectives of DIAC. This includes exchanging
expertise and lists of arbitrators, conciliators, and experts;
14. manage the
correspondence and communications that are required for the achievement of the
objectives of DIAC, and that enable DIAC to exercise its duties and functions
under this Statute;
15. notify the parties
to disputes of the date,
time, and venue
of arbitration hearings where so requested by arbitral tribunals, arbitrators, or conciliators; and
16. exercise any other
duties or powers that are assigned to it by the Director or that are required
for running the daily business of DIAC.
The
financial resources of DIAC will consist of:
1. the annual
financial support allocated by the DCCI to DIAC;
2. fees for registration of arbitration and
conciliation applications;
3. fees for registration of arbitrators,
conciliators, and experts; and
4. revenues generated
from the activities and services of DIAC.
a. In regulating its
accounts and records, DIAC will apply the same accounting rules and principles adopted
by the DCCI.
b. The financial year
of DIAC will commence on 1 January and will end on 31 December of each year.
Registration
on the lists of arbitrators, conciliators, and experts will be subject to the
approval by the Executive Committee of an application submitted to DIAC on the
form prescribed for this purpose, supported by the required documents; and upon
the recommendation of the Director or a Sub-committee formed for this purpose.
Membership
of DIAC will be awarded in accordance with this Statute upon submitting an
application to DIAC on the form prescribed for this purpose.
Membership will be awarded in accordance with the membership
bylaw approved by the Board of Trustees, which determines membership
categories, requirements, and fees.
a. Meetings and
deliberations of the Board of Trustees and DIAC committees will be held in
camera. No member of the Board of Trustees or member of such committees 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
member must disclose such a relationship or conflict of interest, if any.
b. A member of the
Board of Trustees, a DIAC committee member, the Director, or any employee of
the administrative body must not reveal or disclose, during or after his term of
service with DIAC, any information or documents related to the work of DIAC.
c. All information
provided by the parties to a dispute are deemed confidential. Any person who
gains access to such information must not reveal or disclose them without the written
consent of the parties to the dispute or a request of the competent
judicial authority.
A
member of the Board of Trustees or of any DIAC committee;
the Director;
or a DIAC employee may not act
as arbitrator, whether as a sole arbitrator, a
presiding arbitrator, or a
member of an arbitral tribunal,
in any dispute referred to DIAC.
Neither
DIAC, nor any employee thereof, nor any member of the Board of Trustees, nor
any member of a DIAC committee, nor any member of an arbitral tribunal will
incur civil liability for any act or omission resulting from an inadvertent
fault that he may commit in the course of performing his duties in
relation to dispute settlement by DIAC.
a. All notices,
communications,
and correspondence stipulated in this Statute and in the DIAC Rules of
Arbitration and Conciliation must be in writing, and may be dispatched by
facsimile, by registered
mail with acknowledgement of receipt, or by the electronic means of communication
specified in the DIAC bylaws.
b. Notices,
communications, and correspondence will take effect as of the day following
delivery of the same to the addressee.
©2019 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.