The Dubai International Arbitration Centre (DIAC) has provided dispute resolution services to parties doing business in or via the Middle East, Africa, and South Asia (MEASA) regions for over 30 years. DIAC considers itself the "region's largest arbitral institution, independent and impartial, committed to excellence, efficiency, and diversity"[1] and recently released its 'Annual Report 2023'. The Report includes information about the DIAC, including on the Board of Directors; Arbitration Court; Advisory Committee; and the Administrative Body.
2023 caseload statistics
The statistics make up the bulk of the Report. Key takeaways include:
Other points to note
The Report highlights that parties benefited from provisions introduced by the 2022 DIAC Rules, including expedited proceedings, emergency arbitrator appointments, joinder, consolidation, and handling multi-party and multi-contract disputes. In our own experience, there was some initial reluctance or reticence on the part of DIAC to embrace these new provisions to their full potential, however we expect that to change as the provisions become more embedded with the Centre. The low number of challenges in 2023 was viewed as reflecting DIAC's robust appointment, disclosure, and transparent challenge procedures.
The Report also includes information around DIAC's responsible business practices and Dubai as a centre for business activity/arbitration. Notably, it highlights that a poorly drafted arbitration clause can lead to dispute or undermine the progress of proceedings. It suggests parties should always include a well-drafted arbitration clause in their contracts and encourages use of the exemplar recommended clauses (including on dispute resolution and sustainability under The Green Pledge and Campaign for Greener Arbitrations). It is prudent to seek independent specialist legal advice on the contract terms, including around the choice of the applicable law.
DIAC arbitrations feature arbitrators from around the globe, with representatives from 29 different countries. 143 arbitrator appointments were made in 2023. Women constituted 31% of the overall 143 appointments, with their representation nearing gender parity at 47% in the 57 appointments made by the Arbitration Court. However, the Report recognises that more remains to be done since diversity was lower in appointments made by parties and co-arbitrators