DIFC-LCIA Arbitration - Emergency Arbitration and Expedited Formation of the Tribunal (2021 Rules) [Archived]
Overview
The DIFC-LCIA Arbitration Centre was dissolved in September 2021 as per Dubai Decree No. 34/2021. Its operations and assets have been emerged into a Dubai International Arbitration Centre (DIAC). Ownership of real estate, assets, funds, staff, financial allocations and membership base will also be transferred to the new Centre.
This Practice Note deals with the 2021 rules and procedures of the former DIFC-LCIA Arbitration Centre.
Practical Guidance
The emergency arbitrator
An emergency arbitration procedure is provided for in article 9(b) of the Regulations, and related articles.
The emergency arbitrator provisions do not apply if either: (1) the parties concluded their arbitration agreement before 1 October 2016 and the parties have not agreed in writing to ‘opt in’ to the emergency arbitrator procedure; or (2) the parties have agreed in writing at any time to ‘opt out’ of the emergency arbitrator provisions, as per article 9(16) of the Regulations. The emergency arbitrator provisions contrast with the application of the 2021 DIFC-LCIA Rules in all other respects, i.e., except in this regard the Rules take effect for arbitrations commencing on or after 1 January 2021 irrespective of when the arbitration agreement was made.