The Enforceability of DIFC-LCIA Arbitration Clauses in the Light of Decree No. 34/2021: A View from INSIDE and OUTSIDE the UAE - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View The Enforceability of DIFC-LCIA Arbitration Clauses in the Light of Decree No. 34/2021: A View from INSIDE and OUTSIDE the UAE by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management The Enforceability of DIFC-LCIA Arbitration Clauses in the Light of Decree No. 34/2021: A View from INSIDE and OUTSIDE the UAE 91 1

This article discusses recent court rulings that deal with the enforceability of a Dubai International Financial Centre (DIFC)-London Court of International Arbitration (LCIA) arbitration clause following the entry into force of Decree No. 34/2021. It will be seen that the local UAE (United Arab Emirates) and the DIFC Courts take a markedly different, more liberal approach when compared to the approach taken by foreign courts, such as the courts of Louisiana and Singapore. Defaulting DIFC-LCIA arbitration clauses to a Concerning the Dubai International Arbitration Centre (DIAC) forum seriously undermines the concept of party autonomy in arbitration, sufficiently so to raise concerns with an experienced, international arbitration judiciary. Caution must be exercised by those who wish to safeguard the enforceability of their arbitration obligation in a non-DIAC forum.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management