Monday, 8 May 2017 I 5:30 pm
DIFC AOL
RECENT DEVELOPMENTS IN INTERNATIONAL
ARBITRATION GLOBALLY AND IN THE UAE
The DIFC Academy of Law is pleased to invite you to an evening seminar, with special guest speaker - Gary Born. At this event,
Gary Born will discuss the recent developments in international arbitration globally. Dr. Habib Al Mulla and Alec Emmerson will
also address the latest developments in arbitration in the UAE. The event will kick off with a keynote speech given by Essam Al
Tamimi and the panel discussion will be moderated by Sarah Malik.
PROGRAMME
5:30 – 6:00 pm
Registration
6:00 – 6:10 pm
Welcome Address
6:10 – 6:30 pm
Keynote Speech
Essam Al Tamimi, Chairman of the DIFC Arbitration Institute
6:30- 8:00 pm
Recent developments in International Arbitration globally and in the UAE
Speakers:
• Gary B.Born, President of the Singapore International Arbitration Centre
• Alec Emmerson, Chief Executive of the DIFC Arbitration Institute
• Habib Al Mulla, Chairman of the Dubai International Arbitration Centre
Moderator: Sarah Malik, Fellow of the Chartered Institute of Arbitrators
8:00 – 8:30 pm
PRICE
AED 1,000
FORMAT
Networking Reception
Attend this
conference
day and earn
2 CLPD
points.
As the conference will be conducted in Tylney Hall format, the organisers require that, at least, ONE QUESTION IS SUBMITTED
IN WRITING WHEN REGISTERING for the event so that they can organise the topics and create a lively and interesting session
with full audience participation.
RECENT DEVELOPMENTS IN
INTERNATIONAL ARBITRATION
GLOBALLY
Please find below a non-exhaustive list of the subjects that G. Born will touch upon:
•
Arbitration- still fast, cheap, expert, efficient? In the last Queen Mary surveys, arbitration users cited ‘cost’ and ‘lack of speed’
as the worst features of international arbitration. However, companies still trust some of their largest and most significant
disputes to international arbitration.
•
The promotion of diversity in international arbitration
•
The rise of third-party funding.
•
The emergence of Asian jurisdictions, e.g. Hong Kong and Singapore as favoured arbitral seats.What does this mean for
‘traditional’ arbitration venues?
IN THE UAE- DIFC AND ONSHORE
The following non-exhaustive list of subjects that will be addressed by A. Emmerson and H. Al Mulla
DIFC
The DIFC Courts hold awards enforceable
even where a signatory to the arbitration
agreement has no express authority to
bind party to arbitration
Ginette PJSC v (1) Geary Middle East FZE
and (2) Geary Limited
Court decisions
supporting arbitration
Onshore
Recent Dubai Court of Cassation decisions
on validity of the arbitration agreement
and authority to enter into an arbitration
agreement
The DIFC Courts are willing to imply an
agreement on seat of arbitration
Gavin v Gaynor.
The DIFC Courts refuses an anti-suit
injunction in support of arbitration
Brookfield Multiplex Constructions LLC
v (1) DIFC Investments LLC (2) Dubai
International Financial Centre Authority
New seats of
arbitration, new arbitral
institutions and a new
judicial body
Changes to the laws
Other developments
EMAC
Judicial Committee of the Dubai Courts
and the DIFC Courts
DIFC-LCIA 2016 Rules
Draft DIAC Rules
Article 257 of the UAE Penal Code
Recent Judicial Tribunal decisions
SPEAKERS
GARY BORN
Gary Born, Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP, is one of the
world’s preeminent authorities on international commercial arbitration and international litigation. He has served as counsel
in over 650 arbitrations, including several of the largest arbitrations in ICC and ad hoc history, and has sat as arbitrator in
more than 200 institutional and ad hoc arbitrations.
Mr. Born is ranked by peers and clients as one of the leading international arbitration practitioners in the world. Among many
accolades, he received the Global Arbitration Review inaugural “Advocate of the Year” award, the Client Choice award for
“Best International Arbitration Practitioner” and the Best Lawyers “London Arbitration Lawyer of the Year” award. He is
one of only two practitioners globally to achieve “starred” status for international arbitration in the Chambers and Partners
guides and the sole practitioner in London.
Mr. Born has published a number of leading works on international arbitration, international litigation and other forms of
dispute resolution, including International Commercial Arbitration (Kluwer, 2nd ed. 2014), the leading treatise in the field;
International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer, 5th ed. 2016); and International
Arbitration: Law and Practice (Kluwer, 2nd ed. 2015).
Mr. Born is an Honorary Professor of Law at the University of St. Gallen, Switzerland and Tsinghua University, Beijing,
and teaches regularly at law schools in Europe, Asia, and North and South America. He is President of the Singapore
International Arbitration Centre (SIAC) Court of Arbitration and serves in an advisory capacity in other institutions around
the world.
He is a member of the American Law Institute and of the Board of Trustees of the British Institute for International and
Comparative Law. He has served on the Executive Council of the American Society of International Law, the Advisory
Committee of the ALI’s Restatement of US International Arbitration Law, the Advisory Committee of the ALI Restatement of
US Foreign Relation Law (Fourth) and as co-chair of the ABA International Section, Committee on International Aspects of
Litigation.
ESSAM AL TAMIMI
Essam Al Tamimi has over 30 years of experience in litigation and arbitration in the UAE and the wider GCC. In 1989, he
established what is now the largest firm in the Middle East, Al Tamimi & Company and currently holds the position of Senior
Partner at the firm.
A renowned figure in the legal community, Essam is a recipient of International Financial Law Review (IFLR)’s prestigious
Lifetime Achievement Award and the Gulf Legal Lifetime Achievement Award, both of which recognise his outstanding
contribution to the legal market in the region.
Essam regularly advises private and public sector clients on a variety of issues and has assisted federal and local
governments in drafting laws and regulations relating to a range of sectors. These include: the Telecommunications
Regulatory Authority, Dubai Internet and Media City free zones, the Ministry of Commerce & Industry in respect of the
Federal Industrial Law, Arbitration Law, Commercial Companies Law and the Consumer Protection Law, the Dubai
International Financial Centre Authority in respect of laws and regulations relating to the DIFC Authority, the DIFC Court and
the DIFC Arbitration Centre and the Abu Dhabi government in respect of privatisation of water and electricity.
Essam possesses a Master of Law (L.L.M.) from Harvard School of Law. He is currently a member of the ICC Court, serving
as Chairman of the ICC UAE Commission on Arbitration, Vice Chair of the ICC Commission on Arbitration and ADR, member
of the Chartered Institute of Arbitrators, Patron of the UAE Branch of the Chartered Institute of Arbitrators, member
of the International Bar Association, member of the LCIA, member of the FIAA Board of Trustees. He is on the editorial
advisory board of the ICLR and GAR, Co-Chair of the IBA Rule of Law Forum, member of the Review Committee of Energy
Arbitrators List, member of the Advisory Board of IBA’s Eyewitness to Atrocities, member of the Advisory Board of the
BCDR International Arbitration Review, Trustee of the Dubai International Financial Centre Arbitration Institute, member of
the American Law Institute(ALI), member of the International Council for Commercial Arbitration (ICCA), member of the
ICC Arab Arbitration Group, member of the SIAC Users’ Council and fellow and faculty member of the International Dispute
Resolution Academy (IDRA).
Essam is an established author and has published numerous articles and books on litigation and arbitration in the UAE and
setting up business in the region.
SPEAKERS
ALEC EMMERSON
Alec is a graduate of Merton College, Oxford and an English solicitor. He was also a Hong Kong Solicitor until 1999 and since
then has practised in and from Dubai in many civil law disputes. He is a DIFC Court registered practitioner (parts I & II),
FCIArb, Accredited CEDR Mediator and Certified KLRCA Adjudicator.
He became a disputes lawyer after joining Clyde & Co in the UK in 1977 and was Managing Partner of the firm’s Hong Kong
office from 1984 to 1996. In 1999 he moved to Dubai to head Clyde & Co’s Dispute Resolution Group in the MENA region.
Since 2008 he has been a consultant to the firm and an independent arbitrator. He has been a trustee and Chief Executive
of the DIFC Arbitration Institute since November 2014.
As party counsel Alec has advised on or conducted over 300 commercial arbitrations in numerous seats, under most major
institutional rules, or on an ad hoc basis. He has wide experience of both common and civil law systems.
Since 2008 Alec has sat in over 120 arbitrations under the rules of ADCCAC, DIAC, DIFC-LCIA, ICC, LMAA, SIAC and
UNCITRAL, and has also taken on other ad hoc appointments. He has arbitrated disputes in the shipping/shipbuilding,
energy, insurance and reinsurance, infrastructure/construction, real estate, joint ventures, distributorship/agency,
telecoms, and in the IT and financial/consultancy sectors.
Alec is also a member of the Emirates Racing Authority Appeal Panel, a member of the LCIA Court, a member of the
International Advisory Board of the Turkish Commercial Law Review and of Emirates Law Business & Practice.
He has been described as the ‘czar of dispute resolution in the Middle East’ and is recognised as a leading practitioner in the
Who’s Who Legal Directories for Arbitration, Mediation, Litigation, Transport and Insurance & Reinsurance.
DR HABIB AL MULLA
Dr Habib is one of the UAE’s most highly respected legal authorities. He has over 31 years’ experience in UAE law and
has drafted many of the modern legislative structures in place in Dubai today. Dr Habib is a strong advocate for the
improvement and modernisation of UAE Laws. He is a frequent commentator on the UAE’s legislation and economy and is
often consulted when drafting and advising on Federal and Emirate level laws.
Dr Habib focuses his practice on litigation and arbitration. He is the chairman of the board of trustees for DIAC and is
Chairman of the CIArb UAE Committee.
He created the concept of financial free zones in the UAE and was the architect of the legal framework establishing the
DIFC, which was the first financial free zone in the UAE. Dr Habib has also served as Chairman of the Legislative Committee
of the Dubai Financial Services Authority (DFSA).
Dr Habib has held numerous prominent government positions over the years, including being a member of the UAE Federal
National Council, the UAE Federal parliament and a member of the Legislative Committee which is responsible for reviewing
federal legislation. He is also a member of the Economic Committee, which is in charge of reviewing fiscal and economic
policy of the federation, In addition, he is a Director of the Institute of Advanced Legal and Judicial Studies and in charge of
training judges and prosecutors in the Emirate of Dubai. He is also the Chairman of the UAE Jurists Association.
Dr Habib has published many books and articles on the UAE law and economy, including a two part book on his life’s work
‘Life’s Harvest’, a definitive selection of his writings on UAE laws, politics and economy over the last 26 years. He is also a
regular media commentator and a prominent speaker at many events and conferences within the UAE and internationally.
Dr Habib holds an LLB in Shari’a and law from the UAE University, a Master of Law from Harvard Law School and a Ph.D. from
the University of Cambridge. He is fluent in Arabic and English.
SPEAKERS
SARAH MALIK
Sarah Malik practiced as a Barrister at a leading set of Commercial Chambers in London before moving to Dubai, She is an
able and experienced litigator and advocate with more than 18 years’ experience. Since June 2014, Sarah has been the Head
of Advocacy and Investigations at Taylor Wessing- Dubai. She undertakes international commercial arbitrations before a
range of institutions, including DIAC, ADCCAC, DIFC-LCIA and TAI, litigation in the DIFC Courts and has experience of large
scale corporate investigations.
Sarah is a fellow of CIArb and a registered practitioner with full rights of audience at the DIFC Courts and the UK Courts.
She is also a Member of the SIAC Users Council, consulted on the changes to the SIAC Rules in 2016 and has recently been
appointed to the Panel of Neutrals of the Lagos Court of Arbitration.
In addition, Sarah is a Lecturer in International Commercial Arbitration on the LLM programme at Middlesex University Dubai.
She has published numerous articles on litigation and arbitration in the UAE and is often invited to speak at conferences in
the region. She was a speaker at the Dubai Arbitration Week Annual Debate of CIArb Arbitrators in 2015, at the Young ICCA/
DIFC-LCIA seminar in December 2016 and is due to speak at the Middlesex University-Dubai International Conference in
March 2017 as a Member of a Panel on international arbitration and mediation in the UAE.
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RECENT DEVELOPMENTS IN INTERNATIONAL ARBITRATION GLOBALLY AND IN THE UAE
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