Arbitration vs. Litigation: Which is Right for Your Dispute?
It is a truism that parties in business benefit from the efficient settlement of disputes. Contractual parties generally have two key options when agreeing how to formally resolve future disputes: arbitration or litigation. Both processes have advantages and disadvantages and the choice of dispute resolution methodology will depend on several key factors including process, cost, […]
Confidentiality in Arbitration: A Cornerstone of Commercial Dispute Resolution in the MENA Region
Introduction Parties are increasingly opting for dispute resolution clauses referring to arbitration due to the efficiency, flexibility, and confidentiality of the arbitral process. The principle of confidentiality is a key attraction in arbitration proceedings which ensures that the details of a dispute; the proceedings as well as the final determination of the arbitral tribunal remain […]
Arbitration in Real Estate Disputes in Dubai: Legal Framework and Best Practices
Dubai’s real estate market has experienced significant growth in recent years, attracting both local and international investors. The complexity and scale of real estate projects, many of which are sold off-plan, may lead to disputes between developers and buyers. These disputes often arise from breach of contract: delay; defects; performance guarantees and questions of ownership. […]
Arbitration in Complex Construction Disputes in Dubai: Key Insights and the Role of Dispute Adjudication Boards
Dubai, a leading global construction hub, hosts numerous high-profile infrastructure projects, real estate developments, and ambitious ventures across the Middle East. With the rapid pace of growth, construction disputes have become an inevitable part of these projects. Resolving these disputes efficiently and fairly is crucial to ensure the smooth completion of projects and protect the […]
Dubai Arbitration Week 2024: Shaping the Future
Dubai Arbitration Week (DAW) is an annual event that brings the UAE’s vibrant arbitration community together with leading global practitioners including arbitrators, lawyers, and experts. Through engaging discussions and debates, DAW highlights the pivotal role in shaping the future of arbitration in UAE and the broader Middle East. It highlights the central role of arbitration […]
Understanding Arbitration in the UAE: An Overview
Parties increasingly agree to refer contractual disputes to arbitration for resolution. Arbitration clauses are particularly common in construction, real estate and commercial agreements where effective, efficient, and confidential means of dispute resolution are in the interests of both parties. Arbitration is a prominent method of dispute resolution in the United Arab Emirates (UAE). This brief […]
Arbitration Law Firms (III)
To ensure a fair arbitration process, arbitrators must be impartial and independent. Usually, the contract between the parties governing the arbitration will set out the process to be followed in selecting and appointing arbitrators either specifically or by reference to the procedures of an arbitral institution. In the absence of such direction, the appointment process will followapplicable law or […]
DIAC Arbitration
Arbitrations in the UAE are governed by Federal Law 6 of 2018 on Arbitration (the ‘Arbitration Law’) which is based on the UNCITRAL Model Arbitration Law. The Arbitration Law applies to all onshore arbitration proceedings in any Emirate including arbitrations under the rules of the Dubai International Arbitration Centre (the ‘DIAC’) in Dubai – but […]
Arbitration Law Firms (II)
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 […]
Arbitration Law Firms (I)
Arbitration law firms (in the sense of being independent law firms offering only arbitration advice) are relatively rare in Dubai and Abu Dhabi – at least to date. The UAE as a whole is home to a growing legal sector with a range of international, regional and local firms active across the full spectrum of […]
