New Arbitration Centre Opens in Dubai
The Emirates Maritime Arbitration Centre (EMAC) has opened in Dubai. Members may find that in future fixture negotiations, Owners / Charterers propose arbitration in Dubai using EMAC Rules.
EMAC is an addition to the already established arbitration organisations in the UAE, namely the Dubai International Arbitration Centre (DIAC), the Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) and the DIFC-LCIA Arbitration Centre.
Omar Omar, partner at Al Tamimi & Company, a law firm which assisted in setting up EMAC, claims that the rules governing EMAC are “the first of…[their] kind in the Middle East and Africa” and “provide a comprehensive set of procedural rules that are tailor-made for the maritime industry”.
Omar Omar advises that “the EMAC Rules aim to combine the effective features of ad-hoc arbitration with institutional arbitration and thus require a light-touch of administrative support by EMAC”.
Key aspects that are said to be unique to EMAC are that:
- the Dubai International Financial Centre (DIFC) will be the default seat of arbitration;
- filing for the arbitration may be done electronically, so as to reduce time and cost;
- the Rules set out proceedings for appointing emergency arbitrators where there are extenuating circumstances;
- the Rules provide flexibility for deviation if there is a need for fast-track arbitration or the arbitrator is deciding on small-value claims;
- and, the Rules also require that the costs of arbitration be reasonable.
Ince & Co, Dubai are of the view that EMAC could, once it has become better known and used within the industry, become a regional hub for maritime disputes, especially for parties based within the Middle East and UAE region.
Currently the Club has no experience of the EMAC Rules in operation. If Members require any further assistance, please contact your usual FD&D case-handler.
With thanks to: Al Tamimi & Company and Ince & Co, Dubai who contributed towards this article.