Arbitration Process

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EMAC’s arbitration is dictated b y a defined process that allows for smooth functioning and efficient resolving of disputes.
The steps of the arbitration process are as follows:
Step 1
 
Commencement of Arbitration
Claimant files a Notice of Arbitration and pays the filing fee. (Art. 3)
Respondent has 21 days to submit its Response (and counterclaim, if applicable) and raise jurisdictional challenges. (Art. 4)
Step 2
 
Prima Facie Test
EMAC may decide not to proceed if it is satisfied that it lacks jurisdiction (e.g.: if there is no arbitration agreement). (Art. 6)
Step 3
 
Appointment of the Tribunal
Parties appoint their arbitrators within 28 days, or failing to do so, EMAC appoints the arbitrator(s). (Art. 8-10)
The arbitrators complete and submit EMAC’s Acceptance of Appointment, Impartiality and Independence/ Disclosure form (Art. 13)
Step 4
 
Challenges
In the event that a party challenges an arbitrator, and the latter does not withdraw, EMAC decides on such challenge. (Art. 14 and 15)
Step 5
 
Emergency Arbitrator
In the case of exceptional urgency, a party seeking urgent relief may request EMAC to appoint a temporary sole arbitrator. (Art. 12)
Step 6
 
Joinder
A party wishing to join an additional party to the arbitration may submit a request for joinder. (Art. 19)
Step 7
 
Jurisdictional Pleas
The tribunal has competence to decide on its own jurisdiction. The plea is to be raised in the response to the notice of arbitration or, with respect to a counterclaim or a claim for the purpose of a set-off, in the defence to the counterclaim or to the claim for the purpose of a set-off. (Art. 25)
Step 8
 
Arbitration Proceedings
Setting the provisional timetable. (Art. 18)
EMAC is to receive a copy of all correspondences and submissions. (Art. 18)
The seat of arbitration will be the DIFC unless agreed otherwise. (Art. 20)
Unless agreed otherwise, DIFC Courts shall have jurisdiction to consider any claim, application or challenge relating to any award or arbitration procedure issued by the Centre’s arbitral tribunals. (Art. 5 of EMAC’s Statute)
Step 9
 
Interim Measures
The tribunal may issue interim measures including but not limited to injunctions, restraining orders and dispositions. (Art. 28)
Step 10
 
Awards and Costs of Arbitration
The arbitral awards are final and binding.  
The costs of arbitration are to be paid by the parties as follows:
- The filing fees as well as the administration costs are to be paid to EMAC based on lump-sum amounts
- The tribunal’s fees are to be paid directly to the tribunal based on hourly rates set by the tribunal

The tribunal may request the parties to deposit advances for costs. 
Costs are discretionary but to be borne by the unsuccessful party. 
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