“British Bar should cancel their seminar with Dubai arbitration”. Lawyers outraged after law journal reports Bar’s support for Dubai arbitration

International lawyers are taking issue with the British & Irish Commercial Bar Association (BICBA) holding a seminar in collaboration with the University of Dubai and the Dubai International Arbitration Centre (DIAC) on the 14th of March. The agenda for the seminar is to discuss and promote the UAE as a “world centre for arbitration”. The Solicitors Journal reported “Commercial Bar under fire for promoting Dubai as a world arbitration centre” last week. The Law Society Gazette similarly published “Don’t promote the UAE, bar association warned”.

Ben Cooper, Barrister of Doughty Street Chambers, David Haigh, Solicitor and former Leeds United MD and Radha Stirling, founder of Detained in Dubai raised the issue with BICBA, strongly advising them to avoid promoting Dubai due to widescale legal abuse and corruption. Stirling advised the BICBA that the chairman of DIAC had been directly involved in serious evidenced misconduct, citing the Haddad case, where DIAC & Baker & McKenzie Chairman Dr Habib Al Mulla illegally represented both parties in civil proceedings without permission or knowledge in one of the most blatant cases of abuse. So far, neither Al Mulla nor Baker & McKenzie have responded to correspondence from “Detained in Dubai” on the issue. 

Radha Stirling said today “If the head of arbitration in Dubai would be disbarred and jailed in the UK, how can Dubai be trusted or respected as an arbitration venue of choice? The UAE has an immature judiciary and legal abuse is commonplace and culturally acceptable. Even if the laws themselves are changed, society will take a long time to catch up”.

Following the law journal publications, solicitors and barristers worldwide have expressed their dissatisfaction at the prospect of the UK bar association supporting the DIAC. Prominent US attorney and professor, Dr Jonathan Levy said on the topic “I have had clients wrongfully imprisoned in the UAE. Non citizens have very few rights and the civil law system leaves much to be desired. Why anyone would promote such a place as desirable to conduct arbitration is beyond me. Make them come to London where the rule of law prevails in my advice”.

Other industry professionals commented “the judicial system in the UAE is not suitable for an arbitration centre. The management and control of the centre will be subject to local judicial influence” and “The UN report on the Independence of Judges and Lawyers in UAE pinpoints the reasons behind the corruption and the executive branch controlling the judicial system”.

Radha Stirling said “Since the law journal publication, we have received correspondence from a number of lawyers, predominantly from the UK, but also other European countries and the US. The support is coming from solicitors and barristers who are experienced in dealing with matters stemming from the UAE judiciary. Many of them are outraged and believe the BICBA should cancel their seminar. The general sentiment has been that they find it difficult to comprehend how the BICBA can work with Al Mulla or endorse the Emirates system in any way. They have wondered whether the BICBA even reviewed the innumerable cited cases of legal abuse, before having agreed to attend the seminar. If they haven’t, they should do so immediately. It is unethical for them to continue in their pursuit of promoting Dubai’s arbitration centre now that they have been made aware”.

British lawyers who are experienced with UAE legal and judicial practice have expressed concern over the BICBA encouraging and promoting a judicial system with a proven track record of:

• Corruption
• Legal Abuse
• Unfair Trials
• Denial of access to justice
• Wrongful Interpol reports
• Arbitrary detentions
• Human rights violations

Source: https://www.linkedin.com/pulse/british-bar-should-cancel-seminar-dubai-a...