A distinguished panel of experts gathered on November 11, 2024, at Al Tamimi & Company in DIFC for an insightful and engaging Fireside Chat on “Arbitration with States and State-Owned Entities in Asia and MENA: Tips, Traps & Tacts” during the Dubai Arbitration Week 2024. The event was organised by the International Arbitration and Mediation Centre, Hyderabad, in collaboration with Al Tamimi & Company and Osborne Partners. The session brought together leading members of the Indian judiciary, the UAE community and the arbitration community from Asia, the Middle East, Europe and Africa.
The panel featured three esteemed experts: Hon’ble Ms. Justice Hima Kohli, a former Supreme Court Judge in India; Dr. Hassan Arab, Regional Head of Dispute Resolution in Al Tamimi & Company; and Ms. Chiann Bao, a seasoned arbitrator who has lived and worked in all of the arbitration hubs and is now based in Singapore, each bringing a wealth of knowledge and experience in arbitration. The session was moderated by Mr. Tariq Khan, Registrar of the IAMC, and Ms. Khushboo Shahdadpuri, a senior construction disputes lawyer at Al Tamimi & Company. It touched on both serious questions on the arbitration landscape as well as more light-hearted topics. As the discussion evolved, each panel member shared insights into the developing landscape of arbitration and the reformative changes shaping the field of dispute resolution.
To kickstart the session, Mr. Tariq Khan and Ms. Khushboo Shahdadpuri posed a question to the members regarding the role of the judiciary versus arbitrators. This initial question set the stage for a nuanced examination and exploration of the involvement of the judiciary in arbitration and its evolving and shifting perceptions. A brief and insightful discussion began, focusing on the fundamental differences between a judicial approach and an arbitration approach. One of the key points raised was the contrasting and differing roles and responsibilities involved in wearing the “cap” of a judge versus that of an arbitrator.
Hon’ble Ms. Justice Hima Kohli articulated a firm stance on the role of judicial intervention in arbitration. She expressed a strong belief that courts should only intervene in arbitration proceedings under the most exceptional circumstances, underscoring that judicial involvement should be kept minimal and limited to cases where necessary. She emphasised that the true value of arbitration lies in its inherent flexibility and independence from the traditional constraints of litigation and judicial oversight.
Ms. Chiann Bao emphasized the importance of direct communication between the opposing legal teams, experts, and other stakeholders involved in the arbitration proceedings. She noted that such interactions not only streamline the process but also result in saving considerable time and increasing overall efficiency. She also reflected on the challenges of being an arbitrator, sharing insights from her own experiences. The discussion briefly touched on the underlying differences between institutional and ad-hoc arbitration, comparing the flexibility and structure of each.
Hon’ble Ms. Justice Hima Kohli offered further insights into the distinct roles of the judiciary and the arbitral forum, highlighting a key difference in their functions. She explained that judges, as part of the judicial system, must take into account the broader public interest when rendering decisions, whereas arbitrators are focused solely on the interests of the parties directly involved in the dispute, without the involvement of public sentiment.
Dr. Hassan Arab then turned the focus to the Middle East, specifically the UAE, where arbitration has become increasingly prominent. He particularly specified the pro-arbitration stance of the Dubai Courts.
The conversation also briefly touched upon the impact of Decree No.34, which led to the dissolution of the DIAC-LCIA Arbitration forum and the transfer of its responsibilities to the DIAC. The panel members further discussed the potential implications of this shift on contracts involving the DIFC-LCIA as the chosen arbitration forum and how the change might affect various legal agreements as looked upon by the Louisiana court and the Singapore court.
As the session came to a close, the atmosphere of the discussion then shifted to a more relaxed and informal tone as the moderators and panellists shared personal insights and preferences, offering a glimpse into their lives beyond the world of arbitration.
