The Dubai International Financial Centre has opened a public consultation on proposed amendments to its Arbitration Law, marking the most significant overhaul of the framework since its original enactment in 2008.
Developed in collaboration with the DIFC Courts and senior legal practitioners, the reforms are designed to modernise the arbitration framework in line with current common law standards and international best practice.
Jacques Visser, Chief Legal Officer at the DIFC Authority, described the proposals as introducing
"significant reforms including enhanced tribunal powers, summary determination, security for costs, emergency arbitrator enforcement, and a new mediation framework,"
aimed at strengthening efficiency and reinforcing the DIFC's standing as a leading international arbitration hub.
The proposed changes draw on a comparative review of major institutional rules, including those of the LCIA, ICC and DIAC, as well as arbitration legislation from England and Wales, Singapore, Hong Kong and Australia.
Among the substantive reforms, the amendments would grant arbitral tribunals expanded procedural powers covering security for costs, consolidation, joinder, summary determination, provisional awards, peremptory orders and the appointment of emergency arbitrators. The DIFC Court would also gain authority to extend time limits for commencing arbitration and issuing awards.
Further provisions address confidentiality exceptions, anti-discrimination obligations, ex parte applications and the court enforcement of interim measures. The amendments also introduce a revised costs regime, a shorter window for challenging awards, and a new "reasonable opportunity" standard.
New regimes governing third-party funding and the conduct of parties and their legal representatives are also included, alongside clarified remedial powers, provisions on partial and separate awards, and rules on the award of interest.
The consultation reflects the DIFC's continued effort to position itself as a progressive, pro-arbitration centre on the global stage.
News Source: Emirates News Agency
