Robert Sliwinski, of counsel at Alsuwaidi & Company, explains how common law principles are transforming international arbitration proceedings in the GCC region
Over the past six months there have been two important judgments in the Supreme Court of England and Wales which are likely to influence GCC-based arbitrations where they are based on common law procedures and rules. They may also impact arbitrations seated in the Dubai International Finance Centre (DIFC), the Abu Dhabi Global Markets (ADGM) and the Qatar Financial Centre (QFC) which are pockets of common law jurisdiction within the United Arab Emirates (UAE) and Qatar Civil Law Structures.
It is perhaps worth emphasising that international arbitration is, to a very large extent, based on common law procedures and rules, even where civil law is the basis of the contract and where the governing jurisdiction is also civil law. The reasons for this lie in the international business community who historically tended to be from common law countries and who unsurprisingly relied on the legal systems and…
