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Newsroom > Arbitral Autonomy and Procedural Fairness: When Will the DIFC Courts Set Aside an Award as the Supervising Seat?

Article . 10/07/2026


Arbitral Autonomy and Procedural Fairness: When Will the DIFC Courts Set Aside an Award as the Supervising Seat?

Does a "set aside" application stand a chance when the losing party never had a fair opportunity to respond?
In two recent decisions, Oheo Bank v Parker and Princeton v Persephone, the DIFC Courts have clarified where arbitral autonomy ends and procedural fairness begins.
Our latest article explores when the DIFC Courts, acting as the supervising seat, will intervene to set aside an award, and why the threshold remains high but not unlimited. It examines the courts' approach to tribunals reaching their own reasoning, and what happens when the decisive argument was never fairly put to the losing party.
 


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