The New Adccac Arbitration Rules Bringing Adccac in Line With International Practice

THE NEW ADCCAC ARBITRATION RULES: BRINGING ADCCAC IN LINE WITH INTERNATIONAL PRACTICE 1
Briefing note October 2013
THE NEW ADCCAC ARBITRATION

RULES: BRINGING ADCCAC IN LINE
WITH INTERNATIONAL PRACTICE
For the first time in 20 years, ADCCAC has updated its arbitration rules,
bringing them into line with accepted international practice. As the attached
table shows, the ADCCAC Rules now have more features in common with
leading international and regional arbitration centres and should, therefore,
serve to increase the appeal of ADCCAC as an arbitration institution.
The New Rules
On 20 October 2013, the Abu Dhabi Commercial New features
Conciliation & Arbitration Center (ADCCAC) introduced
new Procedural Regulations of Arbitration (the Rules). The new Rules contain a number of significant new
The new Rules — which are effective from 20 October provisions, including:
2013 and will apply to all ADCCAC arbitrations from 20  A list of the particulars that should be included in any
October 2013, regardless of when they were request for arbitration and response.
commenced — replace the previous arbitration  Details of the process for appointing arbitrators
provisions contained in the Procedural Regulation on (including for both sole arbitrator and three-member
Commercial Conciliation and Arbitration. tribunals).
 Rules for determining the seat of proceedings and
ADCCAC presently handles a relatively small number of the substantive law to be applied to the disputes.
arbitrations and is not generally viewed as a preferred
 Express obligations of confidentiality.
arbitral institution for international parties operating in the
UAE. Instead, parties wishing to refer disputes to a UAE  Rules on the granting of interim and conservatory
arbitral institution are more likely to turn to the Dubai measures of protection.
International Arbitration Centre (DIAC) or the Dubai  Providing for tribunals' fees to be determined by
International Financial Centre – London Court of reference to the amount in dispute.
International Arbitration (DIFC-LCIA).  Limiting the liability of arbitrators and the Centre.
ADCCAC's previous arbitration rules, which had been in

force (and not updated) since 1993, were in need of institutions than their predecessors. As such, they are
refreshing and it is widely believed that deficiencies in the likely to be much more recognisable to international
previous rules were detrimental to the establishment of arbitration practitioners and users. A table summarising the
ADCCAC as a major force in the local arbitration market. key features of the new ADCCAC Rules and comparing the
The new Rules are, therefore, likely to be well received by Rules with the rules of other local and international
the UAE legal and business community. arbitration institutions is provided with this briefing
(overleaf).
The Rules draw on a number of sources, including the
UNCITRAL Rules, and bear considerably more The new Rules should help ADCCAC to grow its presence,
resemblance to the rules of other international arbitral both locally and internationally, and to provide more robust
2 THE NEW ADCCAC ARBITRATION RULES: BRINGING ADCCAC IN LINE WITH INTERNATIONAL PRACTICE
competition for the DIFC-LCIA and DIAC arbitration centres Accordingly, it would be wise for parties wishing to operate
based in Dubai. in Abu Dhabi to take the time to familiarise themselves with
the Rules and to take note of the key similarities and
Parties operating in Abu Dhabi, particularly those dealing
differences between the ADCCAC Rules and those of
with companies under Government ownership, are likely to
alternative institutions.
find that their counterparties are more insistent upon the
application of the ADCCAC Rules to any arbitration
agreements that they enter into (previously, even those
parties who had proposed ADCCAC arbitration were fairly
amenable to the selection of a different arbitral institute).
Authors
Graham Lovett James Abbott Paul Coates

Regional Managing Partner, Partner Senior Associate
Middle East
E: graham.lovett E: james.abbott E: paul.coates
@cliffordchance.com @cliffordchance.com @cliffordchance.com
This publication does not necessarily deal with every important topic or cover Clifford Chance, 10 Upper Bank Street, London, E14 5JJ
every aspect of the topics with which it deals. It is not designed to provide © Clifford Chance 2013
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Comparing the new ADCCAC Rules with those of DIAC, DIFC-LCIA, ICC and UNCITRAL
ADCACC DIAC DIFC-LCIA ICC UNCITRAL
(Abu Dhabi (Dubai (Dubai (International (United Nations
Commercial International International Court of Commission on
Conciliation & Arbitration Finance Centre – Arbitration of International
Arbitration Centre) London Court of the Trade Law)
Center) International International
Arbitration) Chamber of
Commerce)
1. Rules and appointing authorities
Title of Rules Rules of DIAC Arbitration DIFC-LCIA ICC Arbitration UNCITRAL
Arbitration of Rules Arbitration Rules Rules Arbitration
Abu Dhabi Rules
Commercial
Conciliation &
Arbitration
Center
Effective Date 20 October 7 May 2007 17 February 1 January 2012 15 August 2010
2013 2008
Appointing Abu Dhabi Dubai The DIFC-LCIA The The parties may
Authority Commercial International Arbitration Centre International appoint an
Conciliation and Arbitration and the LCIA Court of appointing
Arbitration Centre Court Arbitration of authority to
Center the decide on
International certain
Chamber of procedural
Commerce aspects of the
(ICC) dispute. This
may be the
Secretary-
General of the
Permanent
Court of
Arbitration at
The Hague
(Art. 6)
2. Procedure, timetables and confidentiality of proceedings
Pre-Arbitral Not specified Not specified Not specified Yes; see rules Not specified
Procedure for a
Pre-Arbitral
Referee
Procedure, last
revised in
September
2006
Commerce)
Terms of Not specified Not specified Not specified Terms of Not specified
Reference? reference
should be
drawn up by the
Tribunal as
soon as it has
received the file
from the ICC
Secretariat. To
be signed no
later than two
months after file
transmitted to
arbitrators
(Art. 23)
Joinder of Not specified Not specified Yes (Art. 22.1(h)) Yes, before the Yes (Art. 17.5)
third parties confirmation or
appointment of
any arbitrator.
Any request for
joinder after
such time
requires the
consent of all
parties (Art. 7)
Procedure As agreed by As agreed by As agreed by the As agreed by Determined by
the parties, or, the parties, or, parties, or, failing the parties or, the Tribunal
failing that, as failing that, as that, the Tribunal failing that, the (Art. 17)
determined by determined by has the widest Tribunal
the provisions the Tribunal discretion to (subject to the
of the ADCCAC where the rules discharge its rules) (Art. 19)
rules, or, failing are silent duties allowed
that, as (Art. 17.1) under such
determined by law(s) or rules of
the Tribunal law as the
(Art. 15) Tribunal may
determine to be
applicable
(Art. 14.2)
Expedited Not specified Yes (Art. 12.1) Yes; the LCIA Emergency Not specified
proceedings Court has Arbitrator
discretion (Art. 29)
shorten
timescales upon See Appendix
application by V – Emergency
either party Arbitrator Roles
(Art. 9) and Roles for a
Pre-Arbitral
Referee
Procedure
Commerce)
Confidentiality Unless all Unless all Unless the The Tribunal Not specified
parties agree parties agree parties agree may make
otherwise or otherwise, all otherwise, a orders
otherwise parties broad regarding the
required by law, undertake to undertaking of confidentiality
all parties maintain confidentiality is of the
undertake to confidentiality imposed; proceedings
maintain (Art. 41.1) arbitrators’ and any other
confidentiality deliberations are matters in
(Art. 33). also confidential. connection with
the arbitration,
Pleading The LCIA Court including taking
sessions shall does not publish measures to
be confidential any award or any protect trade
unless the part of an award secrets and
parties agree without the prior confidential
otherwise in written consent of information
writing all parties and (Art. 22.3)
(Art. 24.3). the Tribunal
(Art. 30)
3. Identity and appointment of arbitrators
Who appoints By agreement DIAC, The LCIA Court By agreement By agreement
arbitrator(s)? between the according due alone is between the between the
parties, failing regard to any empowered to parties with parties within 30
which in method agreed appoint third presiding days or
accordance between the arbitrators arbitrator otherwise the
with the rules parties (Art. 5.5). The nominated by appointing
(Art. 9.1). (Art. 9.6). parties can the Court authority agreed
nominate unless upon by the
In the event If the arbitrators but the otherwise parties. If three
that either party agreement LCIA can refuse agreed by the arbitrators are to
fails to appoint provides that to appoint any parties (Arts. be appointed,
or nominate an parties are such nominee if 12(3) and each party
arbitrator, as entitled to name deemed not 12(4)). appoints one
required, the the arbitrator suitable or who between
director of and they fail to independent or The court may them choose
ADCCAC shall do so in time, impartial also appoint an the third, who
appoint the DIAC may (Art. 7.1) arbitrator when; will preside over
necessary appoint one or more of the Tribunal
arbitrator(s) arbitrator an the parties is a (Arts. 7, 8 and
(Articles 9.2 (Art. 9.3). state or claims 9)
and 9.3). to be a state
If three entity; or the
If three arbitrators are court considers
arbitrators are to be appointed that it would be
to be appointed and the parties appropriate to
and the parties agree the appoint an
agree the mechanism to arbitrator from a
mechanism to appoint a chair, country or
appoint a chair, this shall be territory where
this shall be followed. If no there is no ICC
followed. If no procedure is National
procedure is agreed, the two Committee or
agreed, the two arbitrators shall Group; or the
arbitrators shall appoint a chair. President of the
appoint a chair. If they fail to do Court certifies
If they fail to do so within 15 that it is
so within 14 days, the
Commerce)
days, the Centre shall necessary and
Director of appoint a appropriate to
ADCCAC shall chairman make a direct
appoint a (Art. 9.5) appointment
chairman (Art. 13.4)
(Art. 9.3)
Number of One, unless One, unless One, unless the One unless the Three, unless
arbitrators if ADCCAC DIAC Court deems the Court the parties
number not determines that determines case warrants determines the agree otherwise
designated by the amount or three arbitrators three (Art. 5.4) dispute within 30 days
the parties nature of the is more warrants three of the receipt by
dispute, or the appropriate (Art. 12.2) the respondent
circumstances (Art. 8.2) of the request
thereof, for arbitration
requires more (Art. 7.1)
than one (Art
8.2)
Time for Not specified Not specified As soon as Not specified As promptly as
appointment of practicable after possible
arbitrator(s) by the receipt of the (Art. 8.2)
supervisory response by the
body if one LCIA Court or
party fails to within 30 days of
appoint receipt by the
respondent of the
request for
arbitration if no
response is
received
(Art. 5.4)
Time limit to 14 days 15 days 15 days 30 days 15 days
challenge a (Art. 11.3) (Art. 13.4) (Art. 10.4) (Art. 14.2) (Art. 13.1)
choice of
arbitrator(s)
Appointment Unless Multiple Unless otherwise Multiple Multiple
of Arbitrator(s) otherwise claimants or agreed by the claimants or claimants or
in Multi-party agreed by the multiple parties in writing respondents respondents
arbitrations parties, multiple respondents that the disputant shall each shall each jointly
claimants and shall each parties represent jointly nominate nominate an
respondents jointly nominate two sides for the an arbitrator arbitrator
shall mutually an arbitrator formation of the (Art. 12.6) (Art. 10)
reach a where the Tribunal, the
consensus on dispute is to be LCIA Court shall In the absence
the joint referred to a appoint the of joint
nomination of three arbitrator Tribunal without nomination and
one arbitrator Tribunal regard to any where the
(Art. 9.4) (Art. 11.1) party’s parties cannot
nomination agree, the
(Art. 8) Court may
appoint the
entire Tribunal
and designate
one member as
chairman
(Art. 12.8)
Commerce)
Independence Nominated Arbitrators shall Arbitrators shall Arbitrators shall Prospective
of arbitrator(s) arbitrators shall at all times be be, and remain, sign a arbitrator(s)
indicate in impartial and independent and declaration of must disclose
writing their independent of mustn’t advise, or impartiality and any
acceptance or the parties and be advocate for, independence, circumstances
otherwise of the shall not act in one of the parties and remain likely to give rise
nomination and the arbitration (Art. 5.2) under a positive to doubts
raise any facts as advocates duty throughout regarding
which might for any party Arbitrators are the arbitration impartiality.
affect their (Art. 9.1) under a to inform the These may be
neutrality or continuing Secretariat of challenged by
independence. obligation to any matters the parties (Arts.
Arbitrators disclose any affecting their 11, 12 and 13)
remain under circumstances independence
an ongoing likely to give rise or impartiality
obligation to to doubts (Art. 11.2)
disclose any regarding their
circumstance, impartiality or
the nature of independence
which may (Art. 5.3)
affect their
neutrality or
independence
(Art. 10)
Restriction on Not specified Yes, if the Yes, if the parties Yes, if the Not specified
nationality parties are are different parties are
different nationalities, the different
nationalities, the sole arbitrator or nationalities,
sole arbitrator chairperson shall the sole
shall be a be a different arbitrator or
different nationality than chair shall be a
nationality to the parties unless different
the parties otherwise agreed nationality than
unless the (Art. 6.1) the parties
parties who are except in
not of the same suitable
nationality circumstances
agree in writing and provided
(Art. 10.1) neither party
objects. The
Court will take
into account the
nationality of
arbitrators
when making
appointments
(Arts. 13.1 and
13.5)
4. Challenging jurisdiction
Time to object Not later than Not later than in Not later than the Not specified Not later than
to jurisdiction the submission the Statement Statement of the Statement of
of the Defence of Defence or, Defence or, with Defence or, with
(Art 22.2) with respect to respect to a respect to a
a counterclaim, counterclaim, in counterclaim, in
A plea that the in any reply to the Statement of the reply to the
Tribunal is the Defence to the
Commerce)
exceeding its counterclaim counter-claim. counter-claim.
competence (Art. 6.3)
shall be A plea that the The Tribunal
submitted as Tribunal is has discretion to
soon as the exceeding its admit a late
issue that is authority is to be plea. (Art. 23)
claimed to raised promptly
result in the after the Tribunal
Tribunal has indicated its
exceeding its intention to
competence decide on the
arises matter alleged to
(Art. 22.3) be beyond its
authority (Art. 23)
In all cases, the
Tribunal may
accept a
delayed plea if
it considers
such delay is
attributable to a
reasonable
cause
(Art. 22.4)
Body Tribunal (Art Tribunal (Art. 6) Tribunal (Art. 23) Tribunal, unless Tribunal
determining a 22.1) the Secretary (Art. 23)
challenge to General refers
jurisdiction the matter to
the Court
(Art. 6.3)
5. Submissions
Where to file With ADCCAC With DIAC With the With the With the
request for, or (Art. 5.1) (Art. 4.3) DIFC-LCIA Secretariat of respondent
notice of, Registrar with the ICC (Art. 3.1)
arbitration confirmation that (Art. 4.1)
the other parties
have been
served (Art 1.1)
Time to submit 21 days 30 days 30 days (Art. 2) 30 days 30 days
response or (Art. 6.1) (Art. 5.1) (Art. 5.1) (Art. 4.1)
answer (from
receipt of
request or
notice)
If The arbitration The arbitration The Tribunal may The Court shall The Tribunal
Respondent(s) shall proceed shall proceed proceed with proceed in may order
fail to file with the with the arbitration and accordance proceedings to
response or appointment of appointment of make an award with the rules continue
answer the Tribunal. If the Tribunal in (Art. 15.8) (Art. 5.2) (Art. 30.1(b))
the arbitration accordance with
agreement the rules
provides for the (Art. 5.7)
parties to
designate their
own respective
Commerce)
arbitrators,
failure on the
part of the
Respondent to
do so within the
required period
shall be
deemed a
waiver of that
right (Art. 6.2)
Time for Submitted with Submitted with Submitted with Submitted with Submitted with
communicatio the Defence or the Statement Statement of Statement of the Statement of
n of a at a subsequent of Defence or, Defence – 30 Defence – 30 Defence – the
counterclaim stage of the in exceptional days from receipt days from Tribunal has
proceedings, if circumstances, of Statement of receipt of discretion to
the Tribunal at a later stage Case (Art. 15.3) Statement of allow late claims
deems it if so determined Case (Arts. 5.1 (Art. 21.3)
appropriate to by the Tribunal and 5.5)
permit such (Art. 24.3)
delay (Art. 20.3)
Time to submit Not specified 30 days 30 days Within 30 days Fixed by

a Statement of (Art. 25.2) (Art. 15.4) (Art. 5.6) Tribunal but not
Defence to more than 45
Counterclaim days (Art. 25)
or Reply to
Statement of
Defence (time
from receipt of
counterclaim)
Time to submit The Tribunal The Tribunal Not specified Prior to the At any time
a new claim or may permit a may permit a transmission of unless the
a counterclaim new claim or new claim or the file to the Tribunal
counterclaim counterclaim Tribunal, the considers it
after the after the secretariat may inappropriate
submission of submission of grant the (Art. 22)
the Statements the Statement claimant an
of Claim and of Claim or extension of
Defence, taking Defence if it time for
into account the considers it submitting the
nature of the appropriate reply (Art. 5.6)
new (Art. 26.2)
submissions
and the phase
which the
arbitration
proceedings
have attained,
as well as any
other pertinent
circumstances
(Art. 21.1)
Commerce)
6. Hearing procedure
Seat of Unless agreed Unless agreed Unless agreed by Unless agreed Unless agreed
Arbitration by the parties, by the parties, the parties, or by parties, the by the parties,
the venue will the seat shall LCIA Court ICC Court shall the Tribunal
be Abu Dhabi be Dubai unless decides decide shall decide
unless another the Executive otherwise, the (Art. 18.1) having regard to
venue has been Committee seat will be the circumstances
specified by the determines Dubai of the arbitration
ADCCAC another seat is International (Art. 18.1)
Committee, more Finance Centre
taking into appropriate in (Art. 16.1)
consideration view of the
all arbitration circumstances
related issues (Art. 20.1)
and
circumstances
(Art. 17.1)
Language of Agreed by the Agreed by Agreed by the Unless agreed Unless agreed
arbitration parties, or, if parties or, if not, parties or, if not, by the parties, it by the parties, it
not, the shall be the in the language is determined is determined by
proceedings will language of the of the arbitration by the Tribunal, the Tribunal
take place in arbitration agreement and giving due (Art. 19)
Arabic agreement. The then that regard to the
(Art. 18.1) Tribunal shall determined by language in the
have the power the Tribunal, contract
In all cases, to decide the providing always (Art. 20)
arbitral awards language that a
shall be issued having regard to non-participating
in Arabic and the relevant or defaulting
any other circumstances party shall have
language (Art. 21) no cause for
adopted in the complaint if
conduct of the communications
arbitration are in English
proceedings (Art. 17)
(Art. 18.3)
Notice period Set by the Set by the Set by the Set by the Set by the
for hearings Tribunal but Tribunal but Tribunal but must Tribunal but Tribunal but
(as may be must be must be be "reasonable" must be must be
relevant) "adequate" (Art. "adequate" (Art. 19.2) "reasonable" "adequate"
24.1) (Art. 28.2) (Art. 26.1) (Art. 28.1)
Notice period Not specified 15 days before Set by the Not specified Not specified
to Tribunal of the hearing Tribunal (Art. 20)
witnesses (Art. 29.1)
Applicability of Not specified Not specified Not specified Not specified Not specified
Attorney-Client
privilege
7. Interim measures and disclosure orders
Tribunal's The Tribunal The Tribunal The Tribunal may The Tribunal The Tribunal
authority to may – on its may take any take measures may order any may order any
issue interim own motion or interim for protection, interim interim
measures of at the request measures it preservation, measures it measures it
protection of one of the deems sale or disposal deems deems
parties – order necessary, of property and appropriate necessary
Commerce)
any interim subject to any provisional (Art. 28.1) (Art. 26)
measures it applicable law. orders for
deems The Tribunal payment of
appropriate, may make the money or
without granting of such disposition of
prejudice to any measures property between
mandatory subject to any parties and
rules of the appropriate for security of
applicable law. security being costs (Art. 25.1)
The Tribunal furnished by the
may request requesting party
that an (Art. 31.1)
adequate
guarantee be
given (Art. 25.1)
Orders for The Tribunal The Tribunal The Tribunal may The Tribunal General rule
inspection may ask either has the power make orders for has power to requiring parties
party at any to order any inspection of summon any to produce
time during the party to produce property and party to provide evidence
proceedings to any evidence documents additional (Art. 27)
submit deemed (Art. 22.1) evidence
documents or necessary and (Art. 25.5)
any other may inspect any
elements of site or property
evidence (Art. 27)
(Art. 23.3)
Orders for The Tribunal The Tribunal The Tribunal may The Tribunal The Tribunal
discovery may ask either has the power make orders for has power to may make order
party at any to order any production of summon any for discovery
time during the party to produce documents party to provide (Art. 27.3.)
proceedings to any evidence (Art. 22.1(e)) additional
submit deemed evidence
documents or necessary and (Art. 25.5)
any other may inspect any
elements of site or property
evidence (Art. 27)
(Art. 23.3)
8. Awards
Time to make 6 months from 6 months from Not specified 6 months from Not specified
award the date the the date the the date of the
Tribunal sole arbitrator last signature
receives the or Chairman of by the Tribunal
file, unless the Tribunal, as or by parties of
otherwise appropriate, the terms of
agreed (Art receives the file reference,
27.1) (Art. 36.2) subject to
extension by
The Tribunal The Tribunal the Court
can extend this can extend this (Art. 30.1)
limit up a limit up a
maximum maximum An extension
additional 3 additional 6 may be granted
months (Art months (Art pursuant to a
27.2). 36.3). reasoned
request or the
The ADCCAC The DIAC Court’s own
Commerce)
Committee can Executive initiative
also extend the Committee can (Art. 30.2)
time limit based also extend the
upon a time limit based
reasoned upon a
application by reasoned
either the request by the
Tribunal or Tribunal or on
either party its own initiative
(Art. 27.3) (Art. 36.4)
Tribunal Yes, unless the Yes, unless the Yes, unless the Yes (Art. 31.2) Yes, unless the
required to parties agree parties agree parties agree parties agree
state reasons otherwise, or if otherwise and otherwise otherwise or it is
for award the applicable the law (Art. 26.1) an agreed
law governing applicable to award (Arts. 34
the arbitration the arbitration and 36.1)
proceedings does not require
does not the statement of
require the such reasons
award to (Art. 37.5)
contain
reasons, or in
case the award
is rendered as
a result of an
amicable
settlement
agreed upon by
the parties
(Art. 28.6)
Time to 14 days (Arts. 30 days 30 days, unless 30 days 30 days (Arts.
request 29.1 and 29.4) (Art. 38.2) the parties agree (Art. 35) 37 and 38)
correction of a shorter
award or to timeframe
request (Art. 27.1)
Tribunal to
interpret award
Substantive No No No Application No
review of must be made
award by to the
arbitration Secretariat
institution within 30 days.
After transmittal
to the Tribunal,
the Tribunal
shall submit its
decision to the
Court. The
Court shall then
remit an award
(Art. 35.2)
Commerce)
9. Costs
Advance on Yes (Art. 39) Yes (Appendix Yes (Art. 24) Yes (Art. 36; Yes (Art. 43)
costs – Costs of Art. 1 of
Arbitration – Appendix III)
Art. 2)
Security for None specified, None specified, Yes, at Tribunal’s None specified, None specified,
costs but the Tribunal but the Tribunal discretion but the Tribunal but the Tribunal
has broad has broad (Art. 25.2) has broad has broad
interim interim interim interim
measures measures measures measures
powers (Art. 25) powers (Art. 31) powers (Art. 28) powers (Art. 26)
Party bearing Determined by Determined by Unless parties The Tribunal In principle it is
costs the Tribunal in the Tribunal in agree otherwise, decides, but the
its award its award which the Tribunal can apportion unsuccessful
(Arts. 28.7 and of the parties determines costs (Art. 37) party that shall
39) shall bear costs proportion of bear the costs
or in what costs payable by but the Tribunal
proportion parties (Art. 28) may determine
(Art. 4 of the allocation if
Appendix – it determines
Costs of that
Arbitration) apportionment
is reasonable
(Art. 42)
10. Fees and exclusion of liability
Arbitrator(s) Fees of the Fees of the Fees are Fees are based Fees are
fees Tribunal are Tribunal are determined by on the amount determined by
based on the based a the LCIA Court in dispute, with the Tribunal
amount in percentage of on basis of time minimum (Art. 41)
dispute, with a the amount in spent, USD77,867 +
minimum of dispute as complexity of 0.011% of
AED50,000 if a provided for in case and amount over
sole arbitrator the DIAC Table special USD100 million
or AED125,000 of Fees and qualifications of to a maximum
if three Costs for arbitrators: of USD351,300
arbitrators, with Arbitration hourly rate + 0.058% of
a percentage within the range amount over
increase based of up to USD 100
on the amount AED2,525 per million for
in dispute (Arts. hour, unless an USD100 million
43 and 44) exceptional or more in
case. (See dispute. For
separate amount up to
Arbitration Costs USD50,000
– last updated 1 with minimum
July 2012) USD3000 or
18.02% of
amount in
dispute
(Appendix III)
Commerce)
Institution fees There is a Fees are based Fees are based Fees are based None, unless
registration fee on the amount of on a schedule of on a sliding the parties
of AED 1000 the claim with costs but hourly scale from choose a
plus fees equal administration rate, which is USD3,000 supervisory
to 15% of fees fees as set out in currently minimum (for authority
of the Tribunal the DIAC Table AED1,300/hour disputes up to
(Arts. 36 and of Fees and for Registrar USD50,000) to
38). Costs for and Deputy a maximum of
Arbitration. Registrar and USD98,515 +
There is a AED650/hour 0.035% of an
regular annual A registration fee for Secretariat amount over
fee (for of AED 5,000 (see separate USD 80 million
arbitrators) of also applies Arbitration Costs (for disputes up
AED1500 to be (Appendix – – last updated 1 to USD100
affiliated with Costs of July 2012). million)
ADCCAC, Arbitration – (Appendix III)
although the Art. 1.1) There is a
Centre can registration fee
waive this at its of AED9,750
discretion plus 5% of fees
(Art. 35) of the Tribunal
(excluding
expenses)
Processing fee AED1,000 A registration fee AED9,750 Advance None, unless
registration fee of AED 5,000 registration fee payment of the parties
as above also applies as above (see USD3,000 choose a
(Art. 36) (Appendix – separate (Art. 1 of supervisory
Costs of Arbitration costs Appendix III) authority
Arbitration – – last updated 1
Art. 1.1) July 2012)
Exclusion of Yes (Art. 32) Yes (Art. 40) Yes (Art. 31) Yes (Art. 40) Yes, generally,
liability for the parties
institution and waive all liability
arbitrator(s) save for
intentional
wrongdoing
(Art. 16)
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The New Adccac Arbitration Rules Bringing Adccac in Line With International Practice

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The New Adccac Arbitration Rules Bringing Adccac in Line With International Practice

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THE NEW ADCCAC ARBITRATION RULES: BRINGING ADCCAC IN LINE WITH INTERNATIONAL PRACTICE 1

Briefing note October 2013

THE NEW ADCCAC ARBITRATION

ADCCAC's previous arbitration rules, which had been in

Graham Lovett James Abbott Paul Coates

Time to submit Not specified 30 days 30 days Within 30 days Fixed by

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