Abu Dhabi has its glitter as a destination for businesses and investments for local, regional and international commercial sectors. Dropping a hint, that cannot be missed by the spectator's eye, mind or heart, we can see that Abu Dhabi is marching in steady steps with a mind that comprehends the future towards its ambitious targets to be a role-model according to Abu Dhabi Vision 2030, supported by unique features and specialty with an Arabian culture which forms the spirit, pen and tongue that preserve its originality combined with modernity.
Thus, we observe the world go through huge and deep changes; changes ripple by creativity and power to offer more commercial opportunities and investment flows in addition to more flexibility and scale of goods, services and individuals activity than any time before. According to the international standards, Abu Dhabi possessed the bases of economic prosperity, placing it at the top of world ranks and making it one of the most important growth engines, which indicates a shift in the center of economic mass.
Logical and mental capabilities dicates to us that alternative means of disputes resolution go in line with the local and international business communities alike, since it is among the requirements of investment and growth, and roaming the land racing for resources. On top of these alternative means, the arbitration comes which sprint from being mere texts into the real world, and now it is served to the foreign investor as a motivation and insurance considering it a necessity to roll into the world trade system.
Arbitration is considered now a logical inevitability before being a legal inevitability. It is a thing for the current era, a tool of globalization and the language of future judiciary for trade, business and investment disputes. In judiciary and arbitration dialectic, the society does not have the luxury of choice and had to look at both of them from similarity, not opposing points of view and prevailing the idea of sharing of the relation between the arbitration and judiciary because the existence of one of them enhances the existence of the other and supports it, not to eliminates or weakens it. Hence, arbitration ought to be strong by itself, not strong by the weakness of judiciary. Judiciary remains through Arbitration and arbitration gains its strength from Judiciary.
Taking into consideration all the above mentioned by the ADCC as being an active economic arm for the Emirate of Abu Dhabi in providing the tools of sustainable economy, the Chamber lunched the ADCCAC in 1993 to be the first arbitration center in the entire Gulf.
In its second launch– supported by the Abu Dhabi Chamber as being a constant non-profit specialized professional national establishment to resolve commercial disputes and local and international investment disputes using alternative means such as conciliation and arbitration independent from any other authority, the Center is updating, upgrading and developing its internal structure and mechanism as an alternative non-profit judiciary body and as a beacon for alternative justice and part of it, a judiciary where justice have the upper-hand over the law. Since the current growth declared the need for rules that reach beyond locality and are featured with applicability on the international level in line with the civil and common laws which will provide the business community from local, regional and international companies and international lawyers and arbitrators a comprehensive and contemporary set of rules and arbitration procedures, consequently, a particular attention was given to drafting new procedural rules that suit the current stage. Indeed, such procedures were approved and waiting to be implemented as of October 20th 2013. Commitment to standardized matching procedures and coping with the best practices of the giant arbitration centers in the world were all considered while preparing the new procedural regulations in addition to using texts from the most important rules of the international arbitration which was issued by the United Nations Commission on International Trade Law (UNCITRAL) whether from its rules which were issued in 1976 or the modified ones in 2010 or from the Model Law on International Commercial Arbitration which was drafted by that committee on 1985 or the modified one in 2006, which featured the new procedures of the Abu Dhabi Commercial Conciliation and Arbitration Center with flexibility, easiness and simplicity in understanding, implementation and the requirements from the disputing parties.
It is the first step in the right direction followed by another.
In the other hand, and as a faith of the Center in the importance of theoretical and scientific learning, it considered experience and developing the capabilities of arbitration through training and habilitation as much as important; doubles we cannot learn how to swim by reading books. Since the time has come for arbitrators to occupy a privileged position in Societal conscience which is as important as judges, and since the competence of the arbitrator and his conduct are essential in arbitration, the Center paid special attention to habilitating arbitrators and experts through special and quality training programs that were supervised by a number of experts in this regard. The center also extended cooperation ties with a number of partners, especially the GCC Commercial Arbitration Center that is executing, continuously, an integrated program to habilitate and prepare GCC arbitrators with the cooperation of the ADCCAC. Hence, providing the UAE with cadres of professional national arbitrators transplanted with foreign elements and experiences in order to establish a distinguished national arbitration industry.
All the above mentioned would achieve for the investor what he is longing for from a legal inspiration and prospects, and should acquire adding value to the investment climate in the Emirate of Abu Dhabi.