The United Arab Emirates recently reformed its arbitration law through Federal Decree-Law No. 15 of 2023, which came into effect on September 16, 2023. The reform aims to enhance the efficiency and attractiveness of international arbitration.
Among the key changes:
Article 10 strengthens the requirements of impartiality and independence for arbitrators, prohibiting direct relationships with parties that could compromise these principles. An exception is introduced to allow arbitrators to be members of governing bodies of arbitral institutions, subject to specific requirements.
Article 23 grants parties autonomy in choosing the procedure for the arbitral tribunal, ensuring flexibility in the process.
Article 28 allows parties to agree on the arbitration venue, including the option for virtual proceedings. In the absence of an agreement, the arbitral tribunal may determine the venue, considering the circumstances and suitability for the parties, with the arbitral institution providing the necessary technology.
Lastly, Article 33 empowers arbitral tribunals to decide whether to conduct an evidentiary hearing or proceed based solely on documents, thereby enhancing flexibility and efficiency in arbitration proceedings in the United Arab Emirates.