Breakfast speed networking – unpicking arbitral hot topics with Taylor Wessing and Mahmood Hussain

An interactive group-based speed networking event, where participants will get to discuss and exchange views with their peers on some of the most current issues in Dubai-based arbitrations. Arbitral practitioners of all backgrounds and levels of experience will be encouraged to join the debate and expand their professional network.

Topics

• The general rule that a party must be able to put its case encourages delaying tactics by reluctant respondents and inhibits a Tribunal’s capacity to manage proceedings.
• We would like to see arbitral centres take a more active approach to managing early procedural matters such as spurious jurisdictional objections or bifurcation.
• To ensure the proper administration of justice:
  • arbitrators should be lawyers, and
  • should be qualified to advise under the law governing the proceedings and/or a jurisdiction of comparable legal tradition
• Third party funding has become very prevalent in the arbitration world, prompting consideration (amongst others) of the following issues: (i) whether third party funding agreements should be disclosed to the other side; and (ii) whether the costs of third-party funding should be recoverable.
• The option to apply for security for costs should be a standard, standalone and explicit right in the rules of every arbitration institution.
• Despite the efforts made under the New Arbitration Law, the prospects of successfully enforcing an arbitral award in the UAE remain uncertain.
• Unnecessarily aggressive tactics by law firms have no effect on the outcome of proceedings, and only cause an increase in costs. Arbitrators should have the power to make awards against law firms who exceed mannerly conduct.
• Arbitral practices and procedures have become too “westernised” and leave little room for arbitrators to adapt to local cultures and norms. This might alienate potential disputants, and local advocates.

Registrations for this event are now closed