Scope of this Part
41.1 This Part contains rules about Arbitration claims. The general Rules applicable to Arbitration Claims set out in Section I of this Part are subject to the specific Rules applicable to applications for recognition or enforcement of arbitration awards, set out in Section II.
I ARBITRATION CLAIMS
41.2 In this Part:
(1) ‘Arbitration Claim Form’ means a Claim Form in Form P4 41/01;
(2) ‘Arbitration claim’ means:
(a) any application to the Tribunal for recognition or enforcement of an arbitral award;
(b) any other application affecting –
(i) arbitration proceedings (whether started or not); or
(ii) an arbitration agreement.
Starting the claim
41.3 An arbitration claim must be started by the issue of an Arbitration Claim Form in accordance with the Part 8 procedure.
Arbitration Claim Form
41.4 An Arbitration Claim Form must:
(1) include a concise statement of the remedy claimed;
(2) show that any statutory requirements have been met;
(3) specify the provisions of the law under which the claim is made;
(4) identify against which (if any) Defendants a Costs Order is sought; and
(5) specify either:
(a) the persons on whom the Arbitration Claim Form will be served, stating their role in the arbitration and whether they are Defendants; or
(b) that the claim is made without notice and the grounds relied on.
41.5 Reference in the Arbitration Claim Form to a witness statement or affidavit filed in support of the claim is not sufficient to comply with the requirements of Rule 41.4.
41.6 An Arbitration Claim Form must be served by the Claimant.
41.7 Unless a Rule or Tribunal Order states otherwise, an Arbitration Claim Form must be served on the Defendant within 30 days from the date of issue and Rule 7.20 is modified accordingly.
41.8 The rules governing service of the Claim Form are set out in RDWT Part 9.
41.9 The Tribunal may exercise its powers under Rule 9.28 to permit service of an Arbitration Claim Form at the address of a party’s legal representative or other representative acting for him in the arbitration.
41.10 The Claimant must file a Certificate of Service within 7 days of serving the Arbitration Claim Form. Rule 9.33 specifies what a Certificate of Service must show.
41.11 Where the Arbitration Claim Form is served outside Dubai, the Arbitration Claim Form should be served in accordance with Section III of Part 9 of the RDWT.
41.15 Where a party makes an Arbitration claim, each of the other parties to the arbitration must be made a Defendant to the Arbitration claim.
Acknowledgment of service
41.16 A Defendant must file an Acknowledgment of Service of the Arbitration Claim Form in every case in Form P41/02.
41.17 Where an Arbitration Claim Form is served within Dubai, the period for filing an Acknowledgment of Service is 14 days after the service of the Claim Form in accordance with RDWT Rule 11.5.
41.18 Where an Arbitration Claim Form is served outside Dubai, the period for filing an Acknowledgment of Service is 28 days after the service of the Claim Form in accordance with RDC Rule 9.54.
Supply of documents from Tribunal records
41.19 An Arbitration Claim Form may only be inspected with the permission of the Tribunal.
41.20 RDWT Part 26 does not apply.
41.21 The Claimant should apply for a hearing date as soon as possible after issuing an Arbitration Claim Form.
41.22 When applying for a hearing date, the Claimant should provide to the Tribunal an estimate for the length of the hearing.
41.23 The directions set out in Rules 41.24 to 41.31 apply unless the Tribunal orders otherwise.
41.24 Where a Claimant in an arbitration claim seeks to rely on written evidence, a copy of that evidence must be filed and served with the Arbitration Claim Form.
41.25 A Defendant who wishes to rely on evidence before the Tribunal must file and serve his written evidence within 21 days after the date by which he was required to acknowledge service.
41.26 A Claimant who wishes to rely on evidence in reply to written evidence filed under Rule 41.25 must file and serve his written evidence within 7 days after service of the Defendant’s evidence.
41.27 Following exchange of written evidence, the parties should confirm or amend by agreement the estimate for the length of the hearing provided pursuant to Rule 41.22.
41.28 Agreed indexed and paginated bundles of all the evidence and other documents to be used at the hearing must be prepared by the Claimant.
41.29 Not later than 5 days before the hearing date the Claimant must file a complete set of the documents to be used.
41.30 Not later than 2 days before the hearing date the Claimant must file and serve:
(1) a chronology of the relevant events cross-referenced to the bundle of documents;
(2) (where necessary) a list of the persons involved; and
(3) a skeleton argument which lists succinctly:
(a) the issues which arise for decision;
(b) the grounds of relief (or opposing relief) to be relied upon;
(c) the submissions of fact to be made with the references to the evidence; and
(d) the submissions of law with references to the relevant authorities.
41.31 Not later than the day before the hearing date the Defendant must file and serve a skeleton argument which lists succinctly:
(1) the issues which arise for decision;
(2) the grounds of relief (or opposing relief) to be relied upon;
(3) the submissions of fact to be made with the references to the evidence; and
(4) the submissions of law with references to the relevant authorities.
41.32 An application for directions in a pending arbitration claim should be made by application notice under Part 23.
41.33 The Tribunal may order that an arbitration claim be heard either in public or in private.
41.34 Rules 35.2 to 35.4 do not apply.
41.35 Subject to any order made under Rule 41.33, all arbitration claims will be heard in private.
41.36 Having regard to the overriding objective the Tribunal may decide particular issues without a hearing.
II RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS
41.47 Rules 41.48 to 41.63 apply to applications for the enforcement or recognition of awards made in arbitration proceedings wherever the seat.
41.48 An application to enforce an award or for recognition of an award may be made without notice in an Arbitration Claim Form.
41.49 The Tribunal may specify parties to the arbitration on whom the Arbitration Claim Form must be served, for example where the relevant time period for setting aside the award from the date of service of the award on the losing party has not yet expired, or there is some doubt about the validity of the award or its service upon the respondent.
41.50 The parties on whom the Arbitration Claim Form is served must acknowledge service and the recognition or enforcement proceedings will continue as an arbitration claim.
41.51 The Arbitration Claim Form may be served out of the jurisdiction irrespective of where the award was, or is treated to have been, made.
41.52 The application must be supported by written evidence:
(a) the original award, and
(b) the original arbitration agreement
or certified copies of those documents;
(2) (if the award or agreement is not made in English), producing a certified translation of the award or agreement;
(3) stating the name and the usual or last known place of residence or business of the parties or, if a party is a body corporate, its registered or principal address;
(4) (in the case of an application to enforce an award) stating either:
(a) that the award has not been complied with; or
(b) the extent to which it has not been complied with at the date of the application.
41.53 A draft order in both English and Arabic must accompany the application unless the Tribunal orders otherwise.
41.54 The Order enforcing or recognising the award must be served on the Defendant in accordance with RDWT Part 9.
41.55 The Order may be served outside Dubai:
(1) without permission; and
(2) in accordance with Section III of Part 9 of the RDWT as if the Order were an Arbitration Claim Form.
41.56 Within 14 days after service of an Order made without notice or, if the Order is to be served outside Dubai, within such other period as the Tribunal may set:
(1) the Defendant may apply to set aside the Order; and
(2) the award must not be enforced until after:
(a) the end of that period; or
(b) any application made by the Defendant within that period has been finally disposed of.
41.57 An Order made without notice must contain a statement of:
(1) the right to make an application to set the Order aside; and
(2) the restrictions on enforcement under Rule 41.56(2).
41.58 An application under Rule 41.56(1) must
(1) be made in accordance with RDWT Part 23;
(2) set out the grounds on which the applicant alleges that the order should be set aside;
(3) set out any grounds on which the applicant alleges that the decision to set aside the Order should be adjourned;
(4) be accompanied by written evidence setting out any evidence relied on by the party for the purpose of satisfying the Tribunal:
that the Order should be set aside.
41.59 If the Respondent to the application wishes to rely on evidence in reply to written evidence filed under Rule 41.58(4), he must file and serve his written evidence within 7 days after service of the Applicant’s evidence.
41.60 The written evidence filed by the Respondent to the application must:
(1) state the grounds on which the Respondent opposes the recognition or enforcement of the award being set aside; and
(2) set out any evidence relied on by him relating to the provision by the Applicant of appropriate security.
41.61 After conclusion of the period referred to Rule 41.56(2), in relation to any award in respect of which the Tribunal has made an Order enforcing the award:
(1) the award may be enforced in the same manner as a Judgment or Order of the Tribunal to the same effect; and
(2) the Tribunal may enter Judgment in the terms of the award.
Interest on Awards
41.62 Where an applicant seeks to enforce an award of interest the whole or any part of which relates to a period after the date of the award, he must file a statement giving the following particulars:
(1) whether simple or compound interest was awarded;
(2) the date from which interest was awarded;
(3) where rests were provided for, specifying them;
(4) the rate of interest awarded; and
(5) a calculation showing –
(a) the total amount claimed up to the date of the statement; and
(b) any sum which will become due on a daily basis.
41.63 A statement under Rule 41.62 must be filed whenever the amount of interest has to be quantified for the purpose of:
(1) obtaining a judgment or order under Rule 41.61 ; or
(2) enforcing such a Judgment or Order.