What is Arbitration and whether an individual can appear or contest Arbitral proceedings?
In some contracts, contracting parties may choose to resort to arbitration as the last option to resolve disputes between the parties after the failure of amicable settlement attempts, to avoid litigation procedures before the courts and the lengthy periods of time of such procedures. In addition, arbitration enables parties to choose the English language or any other language for arbitration and the client may attend arbitration meetings in person without needing to be represented by a licensed lawyer before the arbitral tribunal.
Moreover, arbitration enables clients to contact the arbitrator directly and present their point of view in a time entirely dedicated to them without any hastiness or rashness due to lack of time or the large number of litigants as is usually the case in the courts, as well as providing the client with the possibility of recovering actual attorney’s fees in arbitration.
Nour Attorneys Law Firm, works with a highly professional approach to represent the client starting from investigating the validity of the arbitration clause in the contract, since that arbitration is an exceptional means for resolving disputes, taking into consideration that courts should always prefer litigation to arbitration if there is a violation concerning the validity of the arbitration clause.
Thereafter, our team works on carrying out the arbitration procedures to ensure that the opponent would not object to the arbitral award after its issuance or obtain a judicial verdict of nullity or invalidity of its procedures.
Dubai has its own Arbitration law which is referred as Federal Law no.6 of 2018 on Arbitration. This law is based upon the UNCITRAL Model Arbitration law. However, in UAE Arbitration law there are some differences from Model Arbitration Law including but not limited to i.e., the date of the commencement of Arbitration in local law differs from UNCITRAL Model law, the local law also provides provision for usage of technology during arbitration it also provides confidentiality clause for hearing and passing of an award, last but not the least local law states that signatory to agreement must be authorized to enter into arbitration agreement.
The parties to arbitration are free to decide their place and law of arbitration. Moreover, there are two financial free zones in UAE who have their separate Arbitration rules and regulation, if in any case party to arbitration choose the rules applicable of a particular institution, then the said institute has choice to determine the rule applicable to arbitral proceedings. Similarly, UAE local courts has supervisory jurisdiction to the disputes/matters submitted outside the above said financial free zone.
Dubai Arbitration Law is not applicable upon certain subjects which are:
- Labor Disputes
- Disputes in relation to registered Commercial Agencies.
- Matters relating to Public Policy
Besides, this the period of limitation enumerated under the laws relating to civil and commercial disputes are applicable to the arbitration.
Nour Attorneys Law Firm, team of highly qualified team of lawyers relies upon its extensive experience and prepare the arbitration claims with the client in Arabic and English as our lawyers are fluent in both languages. Therefore, our team sends a notice to warn the opponent and tries to make a final attempt to reach an amicable settlement before resorting to arbitral proceedings.
During the arbitration, Nour Attorneys Law Firm, team provides defense and prosecution services to the client in his favor to ensure achieving the best desired result for the client.
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