How to start an arbitration in the DIFC - Checklist
Drafting notes
Arbitrations seated in the DIFC are governed by DIFC Law No. 1/2008 DIFC Arbitration Law. While DIFC Law No. 1/2008 provides a legislative framework for arbitration, it does not set out the specific requirements that a claimant must fulfil in order to commence an arbitration. Those requirements, instead, are found within the arbitration rules of the institution designated by the parties (such as the DIFC-LCIA Arbitration Centre), in their arbitration agreement, to administer the proceedings.
DIFC-LCIA Arbitration Rules 2016
A claimant should consult the following checklist before commencing an arbitration to be administered by the DIFC-LCIA under the 2016 Arbitration Rules.
Checklist | Notes |
|---|---|
Commencing the Arbitration | |
Review the arbitration agreement to identify whether there are any pre-conditions to arbitration, including notices and/or requirement to attempt amicable settlement and/or ADR procedures and confirm that these have been complied with. | |
Verify that the arbitration agreement clearly identifies the DIFC-LCIA as the institution designated to administer the arbitration between the Parties. | |
Submit to the DIFC-LCIA (in hard and/or soft copy) a request for arbitration, which must include the following: | |