The following phrases and words shall have, for the purpose of these Rules, the meaning set forth opposite each of them unless the text indicates otherwise:
- The State : The United Arab Emirates.
- The Emirate : The Emirate of Dubai.
- The Chamber : The Dubai Chamber of Commerce & Industry.
- The Board : The Board of Directors of the Chamber.
- The Rules : The Conciliation and Arbitration Rules of the Chamber.
- Commercial Disputes: Includes “Disputes” in all types of economic and financial transactions, except those for which arbitration is not permissible.
- The Committee: The Committee for conciliation and arbitration of the Chamber.
- The Conciliation: A panel formed for conciliation in a particular dispute, comprised of one or more conciliators.
- The Arbitral: An odd-numbered panel formed for arbitration in a particular Dispute, comprised of one or more arbitrators.
- The Expert: One who is appointed to make use of his expertise in commerce, engineering, accounting, law or other fields.
- The Committee’s Secretariat: The Legal Department in the Chamber.
The provisions of these Rules shall apply to commercial disputes that are filed with the Chamber for conciliation or arbitration pursuant to a previous agreement between the parties to the dispute or an application from one of them and the approval thereof by the other.
The Chamber recommends to parties desiring to resolve their disputes under these Rules to include in their contracts one of the following clauses :
“Any dispute arising from this contract shall be referred to conciliation in accordance with the provisions set forth in the Rules of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce & Industry.”
“Any dispute connected with the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising there from or related there to in any manner whatsoever shall be referred to arbitration in accordance with the provisions set forth in the Rules of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce & Industry”.
- Conciliation and Arbitration Clause:
Any dispute connected with formation, performance, interpretation, nullification, termination or invalidation of this contract or arising there from or related thereto in any manner whatsoever shall be referred to conciliation in accordance with the provisions set forth in the Rules of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce & Industry.
“If the dispute is not settled by conciliation, it shall be referred to arbitration in accordance with the provisions set forth in the said Rules."'
An agreement providing for conciliation or arbitration before the Dubai Chamber of Commerce & Industry shall mean the acknowledgment of the parties to accept the procedures and provisions of these Rules and to be bound by them. Parties may decide by a written agreement to follow other rules as they consider appropriate without prejudice to the competence of the Chamber or the Conciliation Panel or Arbitral Tribunal in these Rules.
1-Except as otherwise expressly agreed to by the parties, the agreement to arbitrate shall be considered to be an agreement independent from the contract the subject of the Dispute. If the contract is invalidated or terminated for any reason, the arbitration agreement shall remain in effect.
2-The Arbitral Tribunal shall have jurisdiction to decide on pleading regarding its lack of jurisdiction, including pleading based on the non-existence, invalidity or termination of an arbitration agreement or if the subject of the dispute is not included in such agreement.
The procedural rules agreed to by the parties shall be followed in any dispute referred to the Chamber for conciliation or arbitration in the absence of provision in these Rules governing a particular issue in the dispute; and in the event they do not agree, the Conciliation Panel or the Arbitral Tribunal shall specify the necessary procedures to be followed, without prejudice to the mandatory provisions of the laws applicable in the Emirate.
All information provided by the parties requesting conciliation or arbitration shall be considered confidential, and a person who becomes aware of such information due to his position shall not divulge its contents except with the consent of the parties or pursuant to an order of a competent judicial authority.
If one or more provisions of these Rules are not complied with and one of the parties becomes, or should have become, aware thereof but did not object in due course, he may not object thereafter.
Notification of, and responses from, the parties shall be by registered mail with acknowledgment of receipt, or by another acceptable method of communication. Correspondence shall be directed to the addresses of the parties provided by them to the Committee’s Secretariat.