SPECIAL REPORT 41
The EMAC Rules will also adopt a “light-touch” approach to casemanagement, in commonwith other maritime arbitral institutions, andwill seek to incorporate themost successful aspects of both ad hoc and institutional arbitration to ensure that disputes are handled as quickly and cost- effectively as possible. Against this background, the EMAC Rules are expected to provide for any dispute to be resolved by a sole arbitrator in the absence of the parties’ express agreement to the contrary. In the event that the parties are not able to agree on the appointment, the sole arbitrator will be appointed by EMAC within thirty days of a request for arbitration being filed. Whilst the EMAC Rules will not restrict the timeframe inwhich proceedings are to be concluded, final awardsmust be issuedwithin ninety days of the date onwhich the hearing is deemed closed, subject to any extension of time granted by the Tribunal and/or Registrar and to settlement of the Tribunal’s fees. One familiar feature of the EMAC Rules, will be the option for parties to elect for small claims, fast-track or document-only arbitrations. Whilst the criteria for allocating claims to each of these types of arbitration is not yet finalised, EMAC intends to issue separate sets of rules to deal specificallywith small claims, fast track arbitration, mediation and other alternative dispute resolutionmethods. This could potentially provide a cost-effective forum for the determination of relatively low value and straightforward claims for cargo damage, unpaid freight or demurrage or hire. Presently, the time and costs spent pursuing such claims inmaritime arbitrations centres overseas, and then enforcing in the UAE through the local courts, makes the pursuit of such small claims unattractive. There is no indication yet as to whether there will bemechanisms for a Tribunal to hear consolidated or concurrent claims where there are common parties and issues of fact, which are a feature of some other maritime arbitration centres. Consolidation and concurrency are useful in disputes where chains of charterparties and sale contracts are involved, and suchmechanisms would be welcomed by themaritime community. Whilst the EMAC Rules are at an advanced stage of drafting, the exact date onwhich they will come into force and EMACwill become operational is yet to be announced. The centre’s success will depend onwhether or not its rules are attractive to users and on EMAC’s ability to administer arbitrations effectively andwith a light touch. However, given the UAE’s success in the transport, logistics andmaritime sectors and its position as a global and regional business hub, the potential exists for EMAC tomeet some of the needs of local and international companies in themaritime sector.
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