Approved by the Board of Directors at its Meeting No.(49) held in Fujairah on 27th January, 2011
Rules of registration In the application of the provisions of this Regulation, the following words and expressions shall have the meanings indicated against each unless the context otherwise requires:
| Constitution | : | Constitution of the GCC Commercial Arbitration Centre. |
| Centre | : | GCC Commercial Arbitration Centre. |
| Regulation | : | Regulation concerning Registration in the Arbitrators’ Roll and in the Experts’ Roll. |
| Board | : | Centre’s Board of Directors. |
| Secretary General | : | Centre’s Secretary General. |
| Applicant | : | A natural person, whether a man or woman, who applies for registration in the Arbitrators’ Roll or in the Experts’ Roll. |
| Arbitrator | : | A person who is registered in the Arbitrators’ Roll. |
| Expert | : | A person who is registered in the Experts’ Register. |
| Arbitrators’ Roll | : | A Roll containing the names of arbitrators who are divided into three classes of arbitrators with their different specializations in the branches covered by each class. |
| Experts’ Register | : | A Register containing the names of recognized experts with their specializations in different branches of professional expertise. |
The provisions of this Regulation shall be applicable to the arbitrators registered in the Arbitrators’ Roll and to the experts registered in the Experts’ Register before the date of coming into effect of this Regulation. They shall also be applicable to each new application to obtain membership as an arbitrator or expert.
Article (3)
The Arbitrators’ Roll and the Experts’ Register shall be drawn up so that they shall contain the names of arbitrators and experts of all nationalities, levels, branches of specializations and professions. They shall be prepared in accordance with the requirements for settlement of commercial disputes.
Article (4)
An applicant shall request the registration of his name in the Arbitrators’ Roll or in the Experts’ Register by completing the prescribed application form, which shall be accompanied by copies of all the required certificates and documents.
Article (5)
A registration application shall be submitted to the Registrar of the Arbitrators’ Roll and the Experts’ Register upon ascertaining the fulfillment of all the required documents for the validity of registration and the application shall be given a reference number and be delivered to the concerned Director for processing.
Article (6)
The Secretary General shall approve acceptance of the registration of arbitrators’ and experts’ names within 5 working days from the receipt of the complete documents. An applicant shall be given notice of such approval and the need to pay the membership fees, otherwise his application shall be rejected.
Article (7)
The Centre shall issue to an arbitrator or expert a registration certificate and his Identity Card showing the type, number, dates of commencement and expiry of his membership, professional specialization branch and any other details.
Article (8)
Upon the rejection of his application, an applicant shall file a complaint with the Board Chairman within fifteen days from the date of becoming aware of the decision. Such complaint shall be entered in the Complaints Register and a report in this respect shall be submitted by the Secretary General to the Board Chairman.
Article (9)
An applicant shall be given notice concerning the Chairman’s decision within 15 days from the date of registering the complaint and the latter’s decision shall be final.
The arbitrators’ membership shall be classified into three categories:
- Honorary Membership:
It shall be awarded to prominent arbitrators, lawyers, judges, law practitioners, heads of bar associations and societies in recognition of their outstanding contributions in the area of corporate arbitration or their significant role in the dissemination of arbitration education through their books and academic contributions upon a recommendation of the Secretary General and with the approval of both the Board Chairman and Deputy Chairman. - Practicing Arbitrator’s Membership:
It shall be awarded to a knowledgeable applicant who has a wide practical experience in the judiciary or arbitration and who has conducted corporate arbitration involved in at least one arbitration case in addition to fulfilling the conditions (1), (2) and (3) provided for in Article (11) of this Regulation. - Certified Arbitrator’s Membership:
A certified Arbitrator’s Membership shall be awarded to an applicant who fulfils the conditions provided for in Article (11) hereof.
Article (11)
Anyone who files an application for registration in the Arbitrators’ Roll shall fulfill the following conditions:
- He shall enjoy his full civil qualifications.
- He shall not have been previously convicted for a crime affecting his honour and integrity.
- He shall not be prohibited from practicing as an arbitrator according to the applicable laws and regulations.
- He shall have completed the Centre’s Arbitrators’ Qualification and Development Programme.
Article (12)
For registration of an applicant under the practicing arbitrator’s membership category, he shall submit evidence confirming his engagement as an arbitrator in at least one arbitration case.
Article (13)
Without prejudice to the conditions to be fulfilled by an applicant for certificated arbitrator’s membership, the Secretary General may exempt an applicant from some or all the courses of the Arbitrators’ Qualification Programme on the basis of evidence to be produced by the applicant so as to justify considering his possible exemption or based upon his academic qualifications or professional experience.
Article (14)
Anyone who applies for registration as a member of the Experts’ Register, in all its branches, shall fulfill the following conditions:
- He shall be a holder of a university degree or a recognized high qualification consistent with the type of expertise for which he wishes to be registered.
- He shall fulfil the requirements of the law for the practice subject to the expertise.
- He shall not have been previously convicted for a crime affecting his honour or integrity.
Honorary membership shall be exempted from payment of any kind of fees.
Article (16)
Membership fees for registration in the Arbitrators’ Roll or the Experts’ Register shall be as follows:
For 4 year period = BD400
For 8 year period = BD600
For 10 year period = BD800
Article (17)
Without prejudice to the provisions of the preceding Article, the Secretary General may exempt an applicant from payment of the membership fees for a maximum period of two years upon the implementation of the Arbitrators’ Qualification and Development Programme.
Article (18)
A BD10 fee shall be charged for each letter or replacement membership certificate.
Article (19)
The Centre shall provide the following benefits and measures whenever possible:
- Posting the names on the Arbitrators’ Roll and names on the Experts’ Register on the Centre’s website.
- Possible appointment as an arbitrator to handle a dispute especially where the Secretary General is empowered to undertake the appointment subject to complying with the order and subject-matter of the dispute.
- Allowing the parties’ access to the Arbitrators’ Roll for selecting their arbitrators.
- Providing an arbitration board with the Experts’ Register upon request.
- Sending a letter to the Chamber of the member’s country confirming his admission as member and type of membership. The Chamber shall be asked to circulate his name to the database of the Chamber’s members and associate members and publishing his name in the Chamber’s magazine.
- Forwarding a letter to the Ministry of Justice in the member’s country confirming his admission as a member and type of membership. A request will be made to publish his name in the Ministry’s magazine or newsletter.
- Providing the member with the Centre’s internal publication “Arbitration and Gulf Law Magazine”.
- Getting a reduce fee upon participating in the Centre’s events and activities.
- Having priority in the presentation of working papers at the Centre’s conferences and events.
- Having priority in the publication and printing of legal researches and articles.
Article (20)
Membership shall be terminated upon the expiry of its term. An arbitrator or expert who wishes to renew his membership shall pay the membership fee for the new term.
Article (21)
Membership of an arbitrator or expert who delays the payment of the membership renewal fee shall be suspended for a period not exceeding 3 months. Upon payment of the membership renewal, the suspension period shall be deducted from the membership term.
Article (22)
Membership of an arbitrator or expert shall be frozen if one calendar year elapses from the date of suspending his membership.
Article (23)
If anyone whose membership has been frozen wishes to reactivate it, he shall pay all the fees for the period of membership suspension or shall file a new application to obtain membership on the Arbitrators’ Roll or Experts’ Register and shall pay the prescribed fee. In this case, he shall be given a new registration number.
Article (24)
Subject to a resolution of the Board of Directors, membership of any member on the Arbitrators’ Roll or the Experts’ Register may be revoked if it is proved beyond reasonable doubt that he has caused offence to the Centre in public or where he is convicted for a crime affecting his honour and integrity.
Article (25)
A member of the Board of Directors may be registered on the Arbitrators’ Roll or the Experts’ Register so long as he fulfils the required conditions.
Article (26)
This Regulation shall come into effect as from 1st March, 2011. Conditions of registration on the Arbitrators’ Roll and the Experts’ Register that are applicable before the date of issuing this Regulation shall cease to be effective. Permanent membership (Life membership) awarded to arbitrators and experts shall cease to be in force.