Dubai puts arbitration centre stage



Dubai is working on becoming a hub for everything from the flower and tea trade to aviation - and now, add arbitration to the list. With a change in the law this week allowing parties with no connection to the Dubai International Financial Centre (DIFC) to settle disputes under its auspices, the DIFC will step up its efforts to become a player in the multibillion-dollar business of arbitrating commercial disagreements and disputes between private parties including businesses and individuals. While the centre has a long way to go - no disputes have been settled so far - it is betting on two things to eventually kick-start the arbitration industry and perhaps some day make it a major centre of the industry globally: an increasing number of potential disputes as trade and business expands in the region, and a tie-up with the London Court for International Arbitration (LCIA), one of the oldest global institutions for commercial dispute resolution. Arbitration provides a structured forum in which parties with disagreements - two businesses, for example, or an individual and a business - can resolve them with the help of professionals in a far quicker and less expensive way than is offered by the official court system. In the more litigious Western nations, the practice is far more widespread than in Asia or the Middle East. In New York, for example, the New York Stock Exchange arbitration centre has already had 2,612 requests for arbitration this year. There are at least five other arbitration centres in the GCC - most notably the Bahrain Arbitration Centre - that offer services to the global community. Yet so far, most regional parties are opting either to try cases in public courts abroad, or simply settle out of court. "Part of it is the cultural overlay on business here - disputes are usually worked out between parties because it's simply not a litigious society," said Dean Ferris, the chief legal officer at the DIFC. "As the regional financial and property markets become increasingly sophisticated, however, disputes will likely arise and few centres other than that at the DIFC will be able to deal with the scale and complexity of those issues." The DIFC's arbitration centre, although still in a formative phase, is not without its advantages. Any awards administered by the DIFC will be readily accepted and enforced "as is" by regional courts without requiring extra litigation. The centre also provides a geographically convenient location to settle disputes with a legal framework that is internationally recognised, making it a viable choice for international companies seeking neutral ground. "The number of cases in the region could increase by 50 per cent over the next three to five years, with a doubling every five or so years, on the optimistic side of projections," said Mike Lennon, a partner at Baker Botts in London. "It will be an important and interesting trend for arbitration practitioners to watch." DIFC officials are also banking on the LCIA brand to put the DIFC on the global arbitration map in a hurry. "Partnering with a giant like the LCIA is a common approach taken in Dubai to set standards at a global level quickly," said Mr Ferris. In the short term, the DIFC will compete with other centres in the region for business. But longer term, as business and trade ties expand between East and West, the Gulf may be able to exploit its geography. Patrick Bourke, a partner at Norton Rose in Dubai who was involved with the drafting of the new arbitration law, said the DIFC's "position as a neutral counterpoint between Asia and Europe, as well as its joint badge with the LCIA, could eventually be a gateway into the international arena". Building a name in the local scene first, to build credibility, is a first step, Mr Ferris said. "Cases will come from all over the world, though more [will initially come] from the region because of proximity and familiarity," he said. "The centre won't take on major players from day one, but as it builds and its stature becomes more visible, links will be made to the international community." @Email:shamdan@thenational.ae

Sustainable Development Goals

1. End poverty in all its forms everywhere

2. End hunger, achieve food security and improved nutrition and promote sustainable agriculture

3. Ensure healthy lives and promote well-being for all at all ages

4. Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all

5. Achieve gender equality and empower all women and girls

6. Ensure availability and sustainable management of water and sanitation for all

7. Ensure access to affordable, reliable, sustainable and modern energy for all

8. Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all

9. Build resilient infrastructure, promote inclusive and sustainable industrialisation and foster innovation

10. Reduce inequality  within and among countries

11. Make cities and human settlements inclusive, safe, resilient and sustainable

12. Ensure sustainable consumption and production patterns

13. Take urgent action to combat climate change and its effects

14. Conserve and sustainably use the oceans, seas and marine resources for sustainable development

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17. Strengthen the means of implementation and revitalise the global partnership for sustainable development

Squid Game season two

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Stars:  Lee Jung-jae, Wi Ha-joon and Lee Byung-hun

Rating: 4.5/5

Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

RESULTS
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Hili 2: Unesco World Heritage site

The site is part of the Hili archaeological park in Al Ain. Excavations there have proved the existence of the earliest known agricultural communities in modern-day UAE. Some date to the Bronze Age but Hili 2 is an Iron Age site. The Iron Age witnessed the development of the falaj, a network of channels that funnelled water from natural springs in the area. Wells allowed settlements to be established, but falaj meant they could grow and thrive. Unesco, the UN's cultural body, awarded Al Ain's sites - including Hili 2 - world heritage status in 2011. Now the most recent dig at the site has revealed even more about the skilled people that lived and worked there.

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Stars: Ram Charan, Kiara Advani, Anjali, S J Suryah, Jayaram

Rating: 2/5