the synergy between the uae arbitration …14:45 - 15:45 p anel discussion session 1: pre-award...

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Wednesday, 20 November 2019 Venue: DIFC Conference Centre Time: 13:30 - 17:45 THE SYNERGY BETWEEN THE UAE ARBITRATION LAW AND THE DIAC RULES: Practical Considerations and Potential Divergence

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Page 1: THE SYNERGY BETWEEN THE UAE ARBITRATION …14:45 - 15:45 P anel Discussion Session 1: Pre-Award Issuance Procedural Considerations Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick

Wednesday, 20 November 2019

Venue: DIFC Conference CentreTime: 13:30 - 17:45

THE SYNERGY BETWEEN THE UAEARBITRATION LAW AND THE DIAC RULES:

Practical Considerations and Potential Divergence

Page 2: THE SYNERGY BETWEEN THE UAE ARBITRATION …14:45 - 15:45 P anel Discussion Session 1: Pre-Award Issuance Procedural Considerations Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick

THE SYNERGY BETWEENTHE UAE ARBITRATION LAW AND THE DIAC RULES:Practical Considerations and Potential Divergence

AGENDA13:30 - 14:00 Registration & Cocktail Reception

14:00 - 14:15 Opening Remarks Dr Ahmad Bin Alshaikh Chairman of the DIAC Board of Trustees

14:15 - 14:45 Keynote Speech Dr. Ahmad Bin Hezeem Vice Chairman of the DIAC Board of Trustees Chairman of the DIAC Executive Committee

14:45 - 15:45 Panel Discussion Session 1: Pre-Award Issuance Procedural Considerations

Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick Elliott LLP, Dubai, UAE

A. The validity of arbitration agreementsTopics will include:

• The approach to the issue of capacity• Validity of the Arbitration Agreement following annulment of the final award

B. Potential challenges afforded to users under the UAE Arbitration Law and the DIAC Rules Topics will include:

• Application of the compétence-compétence doctrine• Challenges of awards on jurisdiction and other interim awards• Requirements and challenges of arbitrators• Issue of joinder and consolidation

Speakers: Mr Nassif Boumalhab Lead Partner - Clyde & Co LLP, Dubai, UAE

Ms Fatima Balfaqeeh Founder & Managing Director - RKAH Consultancy, Dubai, UAE

Dr. Mohamed S. Abdel Wahab Founding Partner - Zulficar & Partners, Cairo, Egypt

15:45 - 16:00 Q & A Session

16:00 - 16:15 Networking Break

Page 3: THE SYNERGY BETWEEN THE UAE ARBITRATION …14:45 - 15:45 P anel Discussion Session 1: Pre-Award Issuance Procedural Considerations Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick

THE SYNERGY BETWEENTHE UAE ARBITRATION LAW AND THE DIAC RULES:Practical Considerations and Potential Divergence

THE SYNERGY BETWEENTHE UAE ARBITRATION LAW AND THE DIAC RULES:Practical Considerations and Potential Divergence

16:15 - 17:15 Panel Discussion Session 2: Post-Award issuance considerations: from issuance to the enforcement of the award

Moderator Ms Sarah Malik CEO/Founder - SOL International Ltd, Dubai, UAE

A. Requirements of the final award and its notification Topics will include:

• Signing of the arbitral award (Article 41.6) - Electronic Signature, signing of each page, signing outside the seat of arbitration

• Benchmarking the DIAC Rules with the UAE Arbitration Law - Scope of applicability: form over substance

B. Process of enforcement under the new UAE Arbitration LawTopics will include:

• Benchmarking the enforcement regime of foreign vs domestic awards • Recent amendments to the regime of enforcement of foreign awards• Recent court decisions: from Dubai and the wider Region• Are parties ultimately better off with a Dubai or foreign seat?

C. Challenges to the final awardTopics include:

• Recent trends in set aside actions from the UAE and the Middle East• Views on the enforcement of annulled awards at the seat

Speakers Mr Ali Al Aidarous Founder and Managing Attorney - Ali Al Aidarous, Dubai, UAE

Mr Reza Mohtashami Partner - Three Crowns LLP, London, UK

Ms. Sally Kotb Counsel - Baker McKenzie. Habib Al Mulla, Dubai, UAE

17:15 - 17:30 Q & A Session

17:30 - 17:45 Closing Remarks Dr. Hassan Arab Member of the DIAC Board of Trustees

Page 4: THE SYNERGY BETWEEN THE UAE ARBITRATION …14:45 - 15:45 P anel Discussion Session 1: Pre-Award Issuance Procedural Considerations Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick

THE SYNERGY BETWEENTHE UAE ARBITRATION LAW AND THE DIAC RULES:Practical Considerations and Potential Divergence

SPEAKERS:

Opening Speech Keynote Speech

Session 1 Moderator

Speakers

Dr Ahmad Bin AlshaikhChairman of the DIAC Board of Trustees

Dr. Ahmad Bin Hezeem Vice Chairman of the DIAC Board of TrusteesChairman of the DIAC Executive Committee

Dr. Mohamed S. Abdel WahabFounding PartnerZulficar & PartnersCairo, Egypt

Mr Ahmed IbrahimManaging PartnerFenwick Elliott LLPDubai, UAE

Mr Nassif BoumalhabLead PartnerClyde & Co LLPDubai, UAE

Ms Fatima BalfaqeehFounder & Managing DirectorRKAH ConsultancyDubai, UAE

Page 5: THE SYNERGY BETWEEN THE UAE ARBITRATION …14:45 - 15:45 P anel Discussion Session 1: Pre-Award Issuance Procedural Considerations Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick

THE SYNERGY BETWEENTHE UAE ARBITRATION LAW AND THE DIAC RULES:Practical Considerations and Potential Divergence

THE SYNERGY BETWEENTHE UAE ARBITRATION LAW AND THE DIAC RULES:Practical Considerations and Potential Divergence

Session 2 Moderator:

Speakers

Closing Remarks

Ms Sally KotbCounselBaker McKenzie. Habib Al MullaDubai, UAE

Ms Sarah MalikCEO/FounderSOL International LtdDubai, UAE

Dr. Hassan ArabMember of the DIAC Board of Trustees Dubai, UAE

Mr Ali Al AidarousFounder and Managing AttorneyAli Al Aidarous International Legal PracticeDubai, UAE

Mr Reza MohtashamiPartnerThree Crowns LLPLondon, UK

Page 6: THE SYNERGY BETWEEN THE UAE ARBITRATION …14:45 - 15:45 P anel Discussion Session 1: Pre-Award Issuance Procedural Considerations Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick

THE SYNERGY BETWEENTHE UAE ARBITRATION LAW AND THE DIAC RULES:Practical Considerations and Potential Divergence

Date & TimeWednesday, 20 November 201913:30 - 17:45

VenueDubai International Financial CentreNew Conference Centre is in Gate Village 11 (The Exchange)DIAC Office: +971 4 2028343/375

https://www.difc.ae/properties/event-spaces/indoor-venues/conference-centre

LanguageEnglish

ObjectiveThe purpose of this conference is to discuss the impact of the UAE Arbitration law on the applicability of the DIAC rules.

Who should attendDiscussion topics will be of particular interest to practicing lawyers, arbitrators, ADR practitioners, litigators, judges, and other ADR experts and users, business people and academics wishing to acquire greater knowledge about inter-national standards of arbitration in DIAC.

Registration feesComplimentary (no registration fees)

Please note that seats are limited, priority will be given to those who received invitations or those who com-pleted a prior registration.

Page 7: THE SYNERGY BETWEEN THE UAE ARBITRATION …14:45 - 15:45 P anel Discussion Session 1: Pre-Award Issuance Procedural Considerations Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick

RULESLAWRULESLAW

Page 8: THE SYNERGY BETWEEN THE UAE ARBITRATION …14:45 - 15:45 P anel Discussion Session 1: Pre-Award Issuance Procedural Considerations Moderator Mr Ahmed Ibrahim Managing Partner - Fenwick

THE SYNERGY BETWEENTHE UAE ARBITRATION LAW AND THE DIAC RULES:Practical Considerations and Potential Divergence

Dubai International Arbitration Centre (DIAC)P.O. Box 1457 - Dubai, UAETel: +971 4 2028 343/375Fax: +971 4 2028 668E-mail: [email protected]

THE SYNERGY BETWEEN THE UAE ARBITRATION LAW AND THE DIACRULES: PRACTICAL CONSIDERATIONS AND POTENTIAL DIVERGENCE

THE SYNERGY BETWEEN THE UAE ARBITRATION LAW AND THE DIACRULES: PRACTICAL CONSIDERATIONS AND POTENTIAL DIVERGENCE

THE SYNERGY BETWEEN THE UAE ARBITRATION LAW AND THE DIACRULES: PRACTICAL CONSIDERATIONS AND POTENTIAL DIVERGENCE

THE SYNERGY BETWEEN THE UAE ARBITRATION LAW AND THE DIAC

RULES: PRACTICAL CONSIDERATIONS AND POTENTIAL DIVERGENCE