جستاری بر قواعد داوری اتاق بازرگانی، صنایع، معادن و کشاورزی ایران 1402 و مرکز داوری بین‌المللی دبی (DIAC) 2022

Introduction
The ever-growing complexity of international commerce necessitates efficient and reliable mechanisms for resolving disputes. Institutional commercial arbitration has emerged as a preferred alternative to traditional litigation, offering several advantages. These include the flexibility to choose expert arbitrators with specialized knowledge in the relevant field, the ability to conduct proceedings in a neutral forum, and the potential for faster and more cost-effective resolution compared to court systems. This paper focuses on two prominent arbitration centers in the Middle East: the Arbitration Centre of Iran Chamber (ACIC) and the Dubai International Arbitration Centre (DIAC). Both institutions recently undertook significant revisions to their arbitration rules, aiming to enhance their effectiveness in handling contemporary commercial disputes.
Methods
This study adopts a descriptive-analytical approach. It first examines the status of arbitration at both the federal and emirate levels within the United Arab Emirates. Building upon this foundational understanding, the study proceeds to analyze the key principles and drafting mechanisms reflected in the Arbitration Rules of the Arbitration Centre of Iran Chamber (ACIC) and the 2022 Rules of the Dubai International Arbitration Centre (DIAC). Ultimately, the research seeks to identify the essential components of a well-structured and dynamic legal framework for commercial arbitration.
 
Results and Discussion
This research investigates which of these arbitration centers has demonstrably better adapted its capabilities to meet the evolving demands of international commerce.
A comparative analysis of the recent rule revisions by the ACIC and DIAC reveals a shared focus on embracing technological advancements and streamlining emergency arbitration procedures. Both institutions have incorporated provisions that facilitate the use of video conferencing and electronic document exchange, reflecting the growing importance of technology in facilitating efficient and cost-effective dispute resolution. Additionally, both centers have introduced expedited procedures for handling emergency arbitration requests, catering to situations where swift action is crucial to protect a party's interests.
However, a closer examination of the revisions reveals that DIAC has implemented a wider range of measures that significantly strengthen its position as a leading international arbitration center. These measures go beyond technological integration and address some key concerns for parties considering arbitration:

Enhanced Transparency and Conflict of Interest Management: DIAC's revised rules establish clearer and more rigorous procedures for disclosing potential conflicts of interest on the part of arbitrators. This fosters greater trust in the impartiality of the arbitral tribunal and upholds the integrity of the arbitration process. Additionally, the rules provide a more transparent framework for challenging arbitrator appointments, ensuring a fair and balanced composition of the tribunal.

Explicit Disqualification of Arbitrators: This approach allows arbitrators to conduct the arbitration process without fear of liability or consequences. Moreover, this exemption from liability further encourages stakeholders to engage in commercial arbitration activities. It also protects arbitrators from frivolous claims and helps safeguard the 

arbitration environment from the disclosure of confidential information—an issue of particular importance in commercial affairs.
 





Volume 17, Issue 2, Summer 2025
 





Confidentiality Preservation: Recognizing the importance of protecting sensitive commercial information, DIAC's amendments offer stronger safeguards for confidentiality throughout the arbitration process. This is particularly important for parties engaged in disputes involving trade secrets or other commercially sensitive information.
Selecting the Dubai International Financial Center (DIFC) as the Default Arbitration Seat: This strategic move by DIAC positions it within a well-established and respected financial hub. The DIFC boasts a sophisticated legal framework specifically designed for international commercial transactions. By designating the DIFC as the default arbitration seat, DIAC offers parties the advantage of a familiar and well-regarded legal environment for resolving disputes.

 
Conclusion
This paper has examined the recent rule revisions undertaken by the ACIC and DIAC. While both institutions have embraced technological advancements and expedited procedures, DIAC has demonstrably established a more robust and internationally attractive framework for commercial arbitration. This is primarily due to its focus on transparency, conflict of interest management, arbitrator disqualification, confidentiality, and the selection of the DIFC as the default arbitration venue. These features contribute to a more efficient, reliable, and user-friendly arbitration process, solidifying DIAC's position as a preferred choice for resolving international commercial disputes.
Nevertheless, it is expected that arbitration centers, including the Arbitration Centre of Iran Chamber (ACIC), will adopt a more modern and transparent approach in drafting their commercial arbitration rules, especially at the international level. Such an approach would foster greater confidence among parties and enable these institutions to play a more effective role in the dispute resolution process. Achieving this goal, however, requires a thorough examination of measures adopted by other international arbitration centers, followed by necessary reforms in the field of international commercial arbitration.