Comparison of MENA International Arbitration Rules

ARBITRATION CLAUSE
Model Clause
Effect of Arbitration Clause/Application of Rules

ARBITRAL INSTITUTION
Address/Contact Details
Functions in General
Administrative Decisions
Appointing Authority
Other Assistance

COMMENCEMENT OF ARBITRATION
Notice or Request for Arbitration
Answer and Counterclaims/Reply
Registration Fee/Advance on Costs
Consolidation
Joinder

CONSTITUTION OF THE ARBITRAL TRIBUNAL
Number of Arbitrators
Nationality/Qualifications of Arbitrators
Disclosure by Arbitrators
Appointment of Arbitrators
Challenge of Arbitrators
Replacement of Arbitrators
Truncated Tribunals
Compensation of Arbitrators
Communications between Parties and Arbitrators
Liability of Arbitrators/Arbitral Institutions

GENERAL CONDITIONS
Notices and Communications/Calculation of Periods of Time
Place of Arbitration/Place of Hearings/Place of Deliberations
Language/Translations
Representation and Assistance
Confidentiality/Privacy
Retrieval and Destruction of Documents

PRELIMINARY ISSUES
Jurisdictional Issues
Applicable Substantive Law
Punitive Damages

ARBITRAL PROCEEDINGS
Transmission of File to Arbitrators
Conduct of Proceedings Generally/Applicable Procedural Law
Procedural Rulings
Expedited Proceedings
Terms of Reference/Procedural Timetable/Pre-Hearing Conference
Statement of Claim
Statement of Defense/Counterclaims/Reply
Amendments to Claims/Defenses
Further Written Statements
Time Limits
Disclosure/Discovery
Investigations by Arbitrators
Hearings/Documents-Only Arbitration
Evidence
Witnesses
Experts
Interim Measures
Emergency Interim Measures
Corrective Measures
Court Support
Default
Waiver of Rules
Closure of Hearings or Proceedings

ARBITRAL DECISIONS/AWARDS
Time Limits for Award
Quorum/Dissents
Scrutiny/Depositing of Award
Place, Form, Notification and Effect of Award
Currency of Award/Interest
Determination and Allocation of Arbitration Costs
Correction, Interpretation or Supplementation of Award
Settlement/Other Termination
Recourse against Award

COMPARATIVE TABLE ON ARBITRATION COSTS AND FEES UNDER MENA INTERNATIONAL ARBITRATION RULES

APPENDIX

Dr. Habib Al Mulla FCIArb is Founding Partner and Executive Chairman of Habib Al Mulla & Co, a leading Dubai-based UAE law firm. He is regarded as one of the UAE's most prominent legal authorities and has been recognized as one of the leading individuals in international commercial arbitration in Who's Who Legal 2010. Dr. Al Mulla has acted as counsel, arbitrator and expert on numerous international and domestic arbitrations, both on behalf of private individuals as well as state entities, including the UAE Government. He is the founder of the concept of Financial Free Zones as currently practiced in the UAE and was the architect of the legal structure that resulted in the establishment of the Du bai International Financial Centre (DIFC) as the first Financial Free Zone in the UAE. Dr. Al Mulla is also former Chairman of the Legislative Committee of the Dubai Financial Services Authority (DFSA) (2003-2006) and a former member of the UAE Federal National Council (2002-2005). He is currently also acting as Vice-Chairman of the Board of Trustees of Dubai International Arbitration Centre (DIAC), Vice-President of the Board of Governors of the American University of Dubai, Member of the Board of Trustees of Dubai School of Government, Member of the Board of Trustees of Dubai Ethics Resource Centre, Member of Economic Treaties and E-Commerce Committee of the Dubai Chamber of Commerce & Industry and Member of the Panel of Experts of the Broadcasting and Publications Standards Tribunal of TECOM.

Gordon Blanke, MCIArb, an English-qualified lawyer, is a Senior Consultant with Habib Al Mulla & Co's International Arbitration Group. He has wide-ranging experience in all types of international commercial arbitration, having acted as advising counsel under most leading institutional arbitration rules (including the ICC, LCIA, DIAC, ADCCAC and JAMS arbitration rules) in arbitrations seated in the US, Europe and the Middle East in relation to a variety of industry sectors. Gordon has also acted as administrative secretary to a number of arbitration tribunals and has served a training period with the ICC International Court of Arbitration in Paris, France. He is widely-published, having authored many books and articles on international arbitration, is a member of the editorial boards of Arbitration, the Journal of the Chartered Institute of Arbitrators in London, and of International Commercial Arbitration Review, published in association with the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry in Moscow, and is a regular speaker on international arbitration.

Karim Nassif, a Lebanese-qualified lawyer, is Partner and Head of Habib Al Mulla & Co's International Arbitration and Consultation Group. He has extensive experience in international and domestic arbitration, having acted as counsel under most leading institutional and regional arbitration rules (including the ICC, LCIA, DIAC and ADCCAC) in arbitrations seated in the UK, France and the Middle East in relation to a variety of industry sectors, including private equity, property developments, construction, commercial and distribution contracts, commercial agencies, hospitality, media and concession agreements.