Published on 31 May 2012 • International, United Arab Emirates |
"The laws of Dubai and the federal laws of the UAE govern all the agreements and arrangements between you and [DWS] relating to our services. If any claim, dispute or difference of any kind whatsoever (for example, any question regarding their existence, validity or termination) arises out of or in connection with those agreements or arrangements, you and we each agree to submit to the exclusive jurisdiction of the Dubai courts. However, we may, at our sole option, refer the claim, dispute or difference to arbitration in London before a single arbitrator."
"If an action is brought before the DIFC Court in a matter which is the subject of an Arbitration Agreement, the DIFC Court shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, dismiss or stay such action unless it finds that the Arbitration Agreement is null and void, inoperative or incapable of being performed."
"It is fair to say that this constitutes on the face of it a failure to implement the terms of the New York Convention to which the Emirates are a party."
"Can it really be said that the court is not entitled to exercise its residual discretion in the face of the terms of [the DIFC Arbitration Law]? I confess a reluctance so to conclude because of its implications for perfectly straightforward arbitration clauses with a seat outside the DIFC. Indeed it could be said that there is some good sense in imposing a mandatory stay for DIFC arbitrations and allowing a discretionary stay for non-DIFC arbitrations."