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The UAE government has issued a Federal Law amending certain provisions of the Arbitration Law of 2018
One of the key changes in the law is the expansion of the scope of modern technological tools in all arbitration processes. Previously this was limited to meetings only. Another change is that confidentiality can be applied to all arbitration activities with the consent of the parties. This was also limited to meetings only.
Other changes include:
The possibility of appointing an arbitrator who is a member of the Board of Directors or Board of Trustees of the arbitration institution.
The introduction of legal consequences against the arbitration institution and the arbitrator in the event of a breach of the governing conditions, ranging from the invalidity of the award and civil compensation to the injured party.
Authorizing the parties to agree to arbitration procedures, including subjecting them to the rules of any arbitration organization or institution inside or outside the country, and authorizing the arbitral tribunal to determine them in the absence of an agreement that contradicts the basic principles of judicial proceedings and international conventions to which the UAE is a party.
Establishing the authority of the arbitral institution to determine the rules of evidence in the absence of an agreement and the absence of evidence from the applicable law.
Giving the arbitral tribunal greater authority over statements, both with respect to their admission and to assess their relationship to any fact, opinion, experience, time, method or form of exchange of such statements between the parties and the manner of their submission to the arbitral tribunal.
