Arbitration

The Firm represents clients in Arbitration disputes under the auspices of various Arbitration Centres such as the ICC, DIAC, DIFC and ADCCAC.  Our lawyers can conduct proceedings in English and/or Arabic.

In the absence of a separate Arbitration law for the UAE, the court application of the relevant arbitration chapter in the UAE Civil Transactions Code is the main source for interpretation of arbitration agreements and validity of arbitral proceedings, and the case-law is regularly cited. Owing to this status, and to The Firm’s litigation practice, we are regularly consulted by international arbitration practitioners for advise on certain UAE arbitration law matters such as jurisdiction challenges, arbitrability of certain disputes, immunity of arbitrators…etc.

Furthermore, The Firm is capable of handling the dispute during Arbitration and later during enforcement before UAE Courts, which adds another advantage to the efficiency and understanding of the dispute to the benefit of the client. This contributes as well to reducing the fees, as the lawyers need less time to build their case having become familiar with the dispute during the arbitration proceedings. In addition to the regular participation in arbitral proceedings, our firm cooperates with other international law firms to apply for ratification and enforcement of awards before the UAE mainland courts.

Although a new track for ratification of arbitration awards has emerged recently through the DIFC Courts, that option, however, remains marred with uncertainty, and more time is required to judge its efficiency in comparison to seeking ratification of awards before UAE mainland courts. The sophistication of arbitration proceedings necessitates a more robust approach in preparing and drafting the arbitration strategy, and very likely it merits pre-action work with experts to evaluate the claim from a technical and monetary aspect and drawing up witnesses’ statements in support of the claim.  Our clients are walked through these details and they inform our opinion with their input and business perspective.

Our lawyers have acted for clients in arbitrations involving constructions, real estate, oil and gas, banking claims, interior design…etc. 

 

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THE FIRM(Advocates and Legal Consultancy)

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