Are U.A.E. seated Arbitral Tribunals vested with adequate powers to grant Provisional Measures within the context of arbitration?
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Date
2013-05
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The British University in Dubai (BUiD)
Abstract
This research aims at finding the extent of the powers of UAE seated arbitrators in granting provisional relief within arbitration context before and during arbitration proceedings and have an overall examination of the current legal framework available for arbitral interim measures in UAE. in particular who is empowered to grant arbitral interim measures, be it before or after composition of the tribunal in an ad hoc, institutional or court ordered arbitration seated in UAE under DIAC & DIFC / LCIA as this latter regime provides a common law system in a civil law jurisdiction. I will be looking at foreign arbitration rules and laws in this research in which I will shed a light on the available arbitral interim measures conducted under DIFC / LCIA, under ICC, under AAA, under ICSID, under CIETAC, under LCIA Rules, under English Arbitration Act 1996, under Egyptian Arbitration Act No. 27 of 1994 and under Sudanese Arbitration Act of 2005.
Provisional measures aim at protection of status quo, preservation of evidences, and sale of perishable goods and secure subsequent enforcement of awards or judgments. Provisional measures act as holding orders pending final decision of the merits of the dispute by a judicial authority or a tribunal.
Most modern jurisdictions stipulate some preconditions for granting provisional measures which include inter alia, urgency, prime facie to establish jurisdiction, likelihood of success on the merits, imminent danger, provision of security and proportionality.
The importance of this study stems from the fact that the eventual outcome of an arbitral process will be potentially meaningless and ineffective if there is no well structured interim relief regime to secure the eventual enforcement of the award.
Moreover, if the disputants choose arbitration as a means of dispute resolution then an award once it becomes final, it will have res judicata effect and the arbitral tribunal becomes functus officio, so in case of lack of provisional measures, the award creditor will be left remediless.
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arbitral tribunal, arbitration, United Arab Emirates (UAE), foreign arbitration, law