An Analytical Overview of the Arbitration Rules of the Arbitration Centre of Iran Chamber (ACIC) and the Dubai International Arbitration Centre (DIAC) 2022

Document Type : Research Paper

Author

Department of International Trade Law & Intellectual Property and Cyberspace Law Department, Faculty of Law, Shahid Beheshti University, Tehran,

Abstract

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.
Express Exclusion of Arbitrators’ Liability: 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.


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, Express Exclusion of Arbitrators’ Liability, 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.

Keywords

Main Subjects


Abugu, U., & Oduwole, A. (2020). An Overview of the Principle of Competence-Competence in International Commercial Arbitration. Chukwuemeka Odumegwu Ojukwu University Journal of Private and Public Law, 2(1): 1-7.
Ahmed, M., Almutawa., A., F., M., Maniruzzaman. (2014). The UAE’s Pilgrimage To International Arbitration Stardom - A Critical Appraisal of Dubai as a Centre of Dispute Resolution Aspiring to be a Middle East Business Hub. The Journal of World Investment and Trade, 15(2):193-244. doi: 10.1163/22129000-01502006
Alcolea, L. C. (2022). The Rise of the International Commercial Court: A Threat To The Rule Of Law? ، Journal of International Dispute Settlement, 13(3), 413-442.
AlQahtani, A. H. (2022). The Dubai Experience: Evaluating The Effectiveness and Efficiency of International Commercial Arbitration Laws in the Arab Region (Doctoral Dissertation, Macquarie University).
AlQahtani, A. H. (2022). The Dubai Experience: Evaluating The Effectiveness and Efficiency of International Commercial Arbitration Laws in The Arab Region (Doctoral Dissertation, Macquarie University).
Antonopoulou, G. (2023). The ‘Arbitralization’of Courts: The Role of International Commercial Arbitration in the Establishment and The Procedural Design of International Commercial Courts. Journal of International Dispute Settlement, idad007.
Blackaby KC, N., Partasides KC, C., Redfern, A. (2023). Redfern and Hunter on International Arbitration: Student Version. United Kingdom: OUP Oxford.
Dimitropoulos, G. (2021). International Commercial Courts in The ‘Modern Law of Nature’: Adjudicatory Unilateralism in Special Economic Zones. Journal of International Economic Law, 24(2), 361-379.
Draguiev, D. (2023). Interim Measures in Cross-Border Civil and Commercial Disputes: Interim Relief Proceedings in International Litigation and Arbitration. Germany: Springer International Publishing.
International Commercial Courts: The Future of Transnational Adjudication. (2022). India: Cambridge University Press.
International Commercial Courts: The Future of Transnational Adjudication. (2022). India: Cambridge University Press.
Ismail, F. (2022). Islamic Finance in the Financial Markets of Europe, Asia and America. (n.p.): Taylor & Francis.
Jahanian M, Shahbazinia M. (2019). Application of the Competence-Competence Principle in Arbitrability of Claims, Comparative Analysis of Iranian and American Law. Comparative Law Review. 23 (2) :33-56. [In Persian]
Javeed, A. (2021). Arbitration Law in the UAE: An Overview on Jurisdiction. Available at SSRN 3991916. 1-9.
Kaliuzhna, O. (2022). Comparative Analysis of How Emerging Arbitration Hubs Like South Korea and The Uae Compete for Dominance in the International Arena. Ga. J. Int'l & Comp. L., 51, 897.
Kamøy, K. (2020). Diversity of Law in the United Arab Emirates: Privacy, Security, and The Legal System. United Kingdom: Taylor & Francis.
Mafi, H. (2017). A Commentary on Iran's International Commercial Arbitration Law. Tehran: University of Judicial Sciences and Administrative Services. [In Persian]
Mafi, H., Husseini Moghadam, S.H. (2017). Conception and Scope of Arbitrators' Liability. Legal Research Quarterly.  17 (66): 81-111. [In Persian]
Mafi, H., & Falah, M. (2014). Conflict Of Interest in International Arbitration with an Emphasis on the International Bar Association Guidelines. International Organizations Quarterly. 1(2), 161-180. [In Persian]
Najjar, N. (2017). Arbitration and International Trade in the Arab Countries. Netherlands: BRILL.
Rastbod, M., Rostami, E. (2018). Study the Separability of Arbitration Clause in Iranian and American Law. Comparative Law Review. 9 (2): 619-638. [In Persian]
Razavi Khadem, G., Rastgou Khiavi, R. (2021). Confidentiality status in arbitration regarding investment disputes. Judicial Law Review. 25 (92): 107-127. [In Persian]
Ristovska, M. (2021, May). The Principle of Confidentiality in International Arbitration. in IBANESS Conference Series-Plovdiv/Bulgaria (Vol. 15, No. 2, pp. 415-421).
Synková, S. (2013). Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: A Comparative Analysis of The English, German and Swiss Legal Order. Germany: Springer International Publishing.
Taghipour, B. (2013). Confidentiality of Arbitration International Tade. Journal of Private Law. 10 (2): 313-347. [In Persian]
Taghipour, B. (2014). »Liability of Arbitrators in the Law of Iran and some Countries«. Comparative Law Review. 5 (1): 57-85. [In Persian]
Tesfay, S. Y. (2021). International Commercial Arbitration: Legal and Institutional Infrastructure in Ethiopia. Germany: Springer International Publishing.
The International Compendium of Construction Contracts: A Country By Chapter Review. (2021). Germany: De Gruyter.Germany: De Gruyter.
Zare, M., Salimi, M. (2018). Legal Nature and Separability of Arbitration Clause from the Main Contract from the Stand Point of Judicial Precedent. Private Law Studies Quarterly. 48 (3): 453-472. [In Persian]