Dubai International Arbitration Centre Creates Framework for Excellence in Commercial Arbitration Training in the Region
DIACBy Editorial Staff,
Providing skilled arbitrators is crucial for Dubai to maintain its status as one of the world's leading business hubs, and the Dubai International Arbitration Centre (DIAC) has taken up this challenge with a series of Arabic and English courses for all levels of arbitrators.
According to Dr Hussam Talhuni, Director of the centre, the courses have been designed with DIAC's partners, the Lebanese University - Beirut- Lebanon and King's College London, to show arbitrators the recent scientitic and practical developments in solving commercial problems.
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"DIAC started the training course in 2006 with King's College London, one of the UK's premier law schools, after studying our long-term strategy and long-term partnerships in providing courses in commercial arbitration in the region. Together we managed to design three levels of professional courses: stage 1, stage 2, and stage 3, which is quoted as special course.
King's College is well known internationally as a qualified university and institute in providing courses in international commercial arbitration, particularly in the field of construction and contracting which is basically one of the most important sectors in this region," Dr Talhuni said.
After the success of the English courses, the Arabic courses were launched in 2007.
"While enforcing our plan with King's College, we also negotiated with several universities in the Arabic countries to provide the same courses in Arabic. The Lebanese University was one of the most qualified universities for this purpose, particularly because the university's lecturers are well qualified internationally and lecture on many international arbitration courses, so they share our goal and they reflect the international practice of commercial arbitration," Dr Talhuni added.
As a non-profit institution, DIAC ensures the courses are priced at reasonable rates and the fee only covers the organisational costs. DIAC covers the travel and accommodation costs of the international lecturers as part of its aim to develop arbitration in the region.
"We have a duty to build and establish a better environment that is suitable for arbitration in the region, through working in cooperation with national courts. Our aim is to provide the best Centre for arbitration and to help interested practitioners to develop the criteria for becoming arbitrators in accordance with the international and DIAC standards. As more and more qualified professionals receive this specialised training, DIAC will develop an important resource of capable dispute resolution professionals in the region," Dr Talhuni explained.
The next courses will take place at the Dubai Chamber of Commerce & Industry's (DCCI) headquarters in Deira from 13 to 15 April 2008. The Lebanese University's programme will be First Stage: Commercial Arbitration (Rules, Principles & International Treaties) and Special Stage: Advanced Arbitration Procedures: the Court's Perspective. King's College will be offering Stage II in Commercial Arbitration Training.
Dr Talhuni, who has a Ph.D. in International Commercial Law - Disputes Resolution from The University of Edinburgh, stressed the importance of qualified arbitrators in facilitating commerce in the region.
"Qualified arbitrators are the most important element in providing suitable dispute resolution services in any country. In this region and in Arab countries in general, there are many practitioners of commercial arbitration belonging to different sectors such as legal, engineering and accounting. However, not all those who claim to be arbitrators are qualified arbitrators - they have not met the standards and gained the qualifications for appointment as arbitrators in international commercial disputes."
As the use of arbitration increases in Dubai and the UAE, the benefits are flowing on to the court system, with a reduction in the number of court cases. Proceedings at DIAC have clear rules about the minimum and maximum costs, as well as the time taken to complete each stage of the process.
"In accordance with DIAC standards, the Centre will be able to serve parties in all disputes, regardless of subject matter. We will achieve this by having highly qualified arbitrators from various backgrounds and commercial sectors and .they will be selected for their qualifications and knowledge in the substance of the disputes.
These qualified arbitrators will know how to administer the arbitration procedures under DIAC rules and they will prevent any of the parties from delaying or de-railing the proceedings, in order to issue their verdict within the time limit as specified in the DIAC rules (six to 12 months). Settling the disputes within this timeframe will cut the expenses and the time loses and therefore will be less expensive than the traditional means of solving disputes," Dr Talhuni said.
Last year was a busy year for DIAC, with more than 70 arbitrators completing training courses and 77 cases registered, disputing amounts exceeding $2 billion. Despite the many achievements to date, Dr Talhuni believes DIAC needs more support form the UAE Government to achieve its long-tem goals.
"DIAC has an ambitious agenda and many short and long term objectives. Up until now, the only source of support we get comes from DCCI, which is doing a great job in supporting all of the Centre's needs.
Nevertheless, we would welcome more support from the government, financially as well as giving more credibility to the Centre. We would like to see the Centre's role expanded, so it can be considered as a key and reliable service provider for resolving commercial disputes arising from contracts signed by the government or any of its subsidiary agencies with different parties," Dr Talhuni said.
In addition to its prestigious training programmes, Dr Talhuni believes the Centre's credibility is the result of many factors, such as its strong relationship with the courts in Dubai and throughout the UAE.
"DIAC is always trying to strengthen relations with the national courts in Dubai and all the other emirates, also with courts in the region. This is important to build trust in the process of arbitration under the DIAC Rules. It will allow also DIAC to interact with the courts to provide them with the latest information about the practice of commercial arbitration internationally."
In an ever-changing legal environment, DIAC has ensured its rules reflect the advances in the law. DIAC's new arbitration rules, came into effect on May 7, 2007 and are available in both Arabic and English.
Dubai International Arbitration Centre (DIAC)
The Dubai Chamber of Commerce & Industry's (DCCI) "Centre for Commercial Conciliation and Arbitration" was replaced by what is presently known and recognized as DIAC by an official decree in May 2003. This was later confirmed in Decree No. 10/2004, which was published in the Official Gazette 298 (Year 38)-31st August 2004.
Located on the 14th floor of the magnificent glass headquarters of DCCI, the Centre provides the regional and international business communities with an exclusive service at affordable rates.
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