ARBITRATION AND MEDIATION PROCEEDINGS

ARBITRATION AND MEDIATION PROCEEDINGS

Where Parties have agreed to arbitrate or mediate a dispute at the IAC, arbitration and mediation case proceedings commence when a Claimant files a Request for Arbitration Form or Request for Mediation Form and supporting documents at the Registry. Parties are encouraged to file documents at the Registry via the IAC’s eJustice system for maximum efficiency but Parties may also file documents via email or in person.

Under the IAC Arbitration and Mediation Rules 2022 (“the IAC Rules”), for arbitration, Claimants are required to officially serve a Request for Arbitration Form and supporting documents on the Respondent. Upon being served, the Respondent is given 28 days to provide an Answer. Failure by a Respondent to file an Answer will not prevent the arbitration from proceeding. Parties may seek the approval of the IAC Chairman for arbitrator appointments and emergency arbitrator appointments for emergency interim relief. Parties may apply for expedited arbitration proceedings when the amount in dispute does not exceed USD 5 million, if the Parties so agree, or in cases of exceptional urgency. Interim relief and early determination may be given. For mediation, if a Request for Mediation Form is not made by all Parties, the requesting party shall send a copy of the Request for Mediation Form to the other Party or Parties. If there is no prior agreement by the Parties to mediate, then a Party who recieves a copy of the Request for Mediation Form shall advise the Registrar that they consent to the mediation. There will be no mediation if a Party does not consent to mediation or does not respond. Parties may seek the approval of the Registrar for mediator appointments.

Arbitration and mediation cases are considered by the appointed arbitrator(s) (“the arbitral tribunal”) or mediator in such manner as they see fit and typically via video or in person with meetings and hearings. Parties in mediation may, unless they have agreed otherwise, initiate or continue any arbitration or court proceedings in respect of the dispute which is the subject of the mediation. Final arbitration awards and mediation settlements are made expeditiously without unnecessary delay or expense.  Arbitration awards are made within six months of the appointment of the arbitral tribunal if the arbitration is considered under the expedited procedure. Parties may in limited circumstances apply to the AIFC Court for supervision of IAC arbitration proceedings, and for recognition and enforcement, and set aside, of IAC interim and final arbitration awards. The Parties are jointly and severally liable for the costs of IAC arbitration and mediation proceedings.

Parties may apply the IAC Rules or ad hoc rules for arbitration and mediation cases, or the UNCITRAL Arbitration Rules for arbitration cases.