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Mibot v Mfast [2022] DIFC ARB 035: The Limits of Waiver and the Binding Nature of Arbitration Agreements
How the DIFC Courts clarified the threshold for challenging arbitration agreements in the wake of parallel onshore litigation. On 25 January 2022, H.E.
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·41 min read
uae-difc
Nuriel v Nuzhat [2024] DIFC ARB 018: The Clarity Test and the Limits of Contractual Discrepancy
How the DIFC Courts are reinforcing the 'Clarity Test' to prevent parallel proceedings in the Abu Dhabi Courts. On September 4, 2024, H.E.
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·40 min read
Def.
Lex-O-Pedia
What is the procedure for the appointment of an Arbitral Tribunal?
The appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 ensures impartiality in arbitration when parties cannot agree on a selection. The Chief Justice plays a pivotal role in ensuring timely, fair, and unbiased tribunal formation.
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Def.
Lex-O-Pedia
What is the Jurisdiction of the Arbitral Tribunal?
The jurisdiction of an arbitral tribunal is rooted in the arbitration agreement, scope of disputes, and legal framework. Governed by principles like competence-competence, tribunals can decide their jurisdiction, issue interim measures, and ensure effective arbitration.
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