DIFC-LCIA Arbitration - Jurisdiction, Arbitral Procedure, Evidence and Tribunal Powers (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

Approach to procedure and evidence under the DIFC-LCIA Rules

DIFC-LCIA arbitration procedure is often considered to reflect an English-style common law procedure. However, it is in some respects quite similar to that of other arbitral institutions which are not ‘common law’-grounded at all, and it is certainly not a procedure that relies upon any sort of pure pleadings phase (without reference to documents), but rather applies a common standard in international arbitration (of producing pleadings accompanied by documents) overlaid by what might be termed the basic principles to be applied. Those principles rely heavily upon party autonomy, flexibility and consultation, as found at article 14 of the Regulations entitled ‘Conduct of Proceedings’, and backed up by specific steps in articles 15-22 of the Regulations, including default procedures.