Parties to an arbitration do not generally need to be legally represented.
Most national arbitration laws and the rules of most arbitration institutions allow parties to choose whether they wish to represent themselves or whether they wish to be represented by external third parties – whether or not these are legally qualified. The UAE and most institutions in the region align with global practice in this regard and allow parties to freely determine how they will be represented.
The right of parties to arbitrations in Dubai or the UAE can choose their own representatives (whether or not from an arbitration law firm in Dubai) is confirmed by Article 33 of the Arbitration Law. Generally, regional parties are free to choose their representatives without restrictions and the applicable law and institutional rules generally refer to the ‘authorised representatives’ of disputing parties. In practice, parties in regional arbitrations will provide proof of their representatives’ authority voluntarily in the form of a power of attorney or otherwise. Good practice calls for the arbitral tribunal to request evidence that counsel are duly authorised.This practice is in line with the guiding principles of arbitration as a flexible and self-determined alternative method of dispute resolution. The option of appearing entirely unrepresented as a pro se party has certain advantages including reduced costs in the short term and a greater level of control in the presentation of the case. However, unless the party acting pro se has some experience in arbitration and a degree of familiarity with institutional rules and the structuring of a legal argument, there is a risk that the case presented may inadvertently contravene procedural or evidential rules and that legal arguments may be missed.
The appointment of experienced external counsel provides the benefits of specialist expertise which can be selected based on the requirements of the case. When external counsel is familiar with the framing and presentation of a structured argument and has the requisite expertise in the particular field of dispute this can undoubtedly assist in producing a quality case submission and avoiding procedural missteps.
As considered previously in ‘Arbitration Law Firms in Dubai (I)’ (https://bolzarbitration.com/f/arbitration-law-firms) there are of course law firms in Dubai which specialise in litigation and alternative dispute resolution offering arbitration services. However, as explained above, parties should be aware that law firms are not the only resource for parties looking for representation in arbitration proceedings or seeking to appoint an arbitrator.Bolz Arbitration is able to offer independent, professional and tailored arbitration advice and support to individuals and companies involved in arbitrations in Dubai and Abu Dhabi. Bolz Arbitration specialises in the resolution of corporate, commercial, property, real estate and construction disputes through arbitration. Anja Bolz can act either as an arbitrator or can assist parties as their representative in arbitrations in Abu Dhabi and Dubai.
Arbitration parties seeking an experienced representative or wishing to appoint an independent arbitrator are invited to visit www.bolzarbitration.com for more details.
