This article examines the key developments in the DIFC Courts’ arbitration jurisprudence over the past year, focusing on the setting aside of awards, recognition and enforcement, and the Courts’ approach to competing dispute-resolution provisions and jurisdictional conflicts. It considers how the Courts have sought to preserve arbitral finality while intervening where procedural fairness requires it, facilitate recognition and enforcement within the limits of the statutory framework, and give effect to the parties’ dispute-resolution arrangements while protecting the supervisory jurisdiction of the courts of the agreed seat. The article also examines proposed amendments to the DIFC Arbitration Law and their potential implications for tribunal powers, procedural fairness, post-award challenges and third-party funding.

Authors: Prateek Bagaria, Natasha Kavalakkat and Sanchit Suri

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