A common issue arising in arbitrations is that of challenges to the jurisdiction of the arbitral tribunal, either indirectly (by the issuing of court proceedings) or directly (by raising a challenge before the tribunal itself).

In the DIFC, such challenges are governed by the provisions of DIFC Law No. 1/2008 DIFC Arbitration Law (DIFC Arbitration Law), which is based on the UNCITRAL Model Law on International Commercial Arbitration 1985.

The DIFC is a common law jurisdiction and has its own specific regulations and procedural rules. Additionally, it has its own court system (the DIFC courts) and is the default seat of arbitration for the Dubai International Arbitration Centre (DIAC).

A party’s challenge to the jurisdiction of a specific court or tribunal will depend on the grounds upon which that party claims that the jurisdiction of the relevant court or tribunal is invalid, and the relevant legal framework for assessing those grounds.

Parties must raise any jurisdictional objections at the first hearing of the dispute, or else they will be considered to have accepted to the jurisdiction of the DIFC courts.