ماهو التحكيم ؟ وما هو افضل مستشار قانونيفي دبي والامارات بشكل عام متخصص في قضايا التحكيم وفض المنازعات؟

Arbitration is one of the types of private justice, in which the parties to the dispute agree to take it as a peaceful means to resolve the dispute existing between them. It is considered an alternative method for settling disputes outside court procedures. Dispute parties resort to arbitration before one or more people to issue a ruling binding on both parties. Dr. Hassan Al-Hayes is considered one of the best legal consultants. A legal consultant in Dubai and the Emirates. He has extensive experience in providing advice to clients regarding arbitration issues. He has extensive experience in providing advice to clients regarding arbitration issues that include, for example: real estate issues, contract disputes, commercial disputes, and Real estate issues and other issues.

What is arbitration?

Arbitration is an idea that has been around since ancient times and is not new. It is one of the forms of justice, as we can describe it as a means resulting from many cultures, and arbitration in our current era has become one of the means of peaceful adjudication and settlement of matters in dispute. Resolving disputed issues falls under the name of peaceful settlement of disputes, and the judiciary is one of the three state authorities with compulsory jurisdiction to which all groups of the state are subject, in accordance with the law and the constitution. The ruling is self-executing and all state bodies must work to put it into effect. Accordingly, the judiciary is considered one of the most important peaceful means of settling and resolving disputes.

As for arbitration, it is considered the second means used by both parties to the dispute to settle and settle disputed matters peacefully. The simplest definition of arbitration is that it is a type of voluntary adjudication, where by the disputing parties agree to resolve their disputes by resorting to an individual arbitrator or a number of arbitrators (an arbitration panel ) upon whom they agree, and the parties to the dispute agree in advance to what these arbitrators will reach.

As for negotiations and reconciliation, or as it is known to many arbitration centers as reconciliation and conciliation, it is a form of peaceful settlement of disputes, alongside judiciary and arbitration. Negotiations often lead to reconciliation.

What is the difference between the concept of arbitration in the past and arbitration in the modern era?

It can be said that arbitration is one of the oldest and most modern methods of peaceful settlement of disputes at the same time. Before the emergence of the modern state and the existence of the judiciary as a state authority with the compulsory mandate to settle disputes and adjudicate thereon, people naturally resorted to resolving disputes among themselves to what is known as customary sessions, where they would accept a person With a degree of prestige and knowledge and have people with the same qualities assist him in the matter. They decided between themselves and ruled on matters in dispute, and they were satisfied with the rulings presented by these agreed-upon people (the arbiters), and they became obligatory to implement.

However, in our current era, disputes have multiple parties and have become more complex than before, and the need for arbitration to resolve and settle disputes has increased due to the fact that resorting to the judiciary may take a long time and may extend for years without the dispute being decided. However, arbitration as a means is considered the shortest and fastest peaceful way to resolve disputes. Resolve the dispute and reach a ruling.

On the other hand, the complexities of economic relations and the huge technological development have made it impossible for the ordinary judge to decide, comprehend, or understand some aspects of disputes except by referring to experts (such as cases of engineering arbitration), and this in itself prolongs the period of the dispute, but arbitration has the ability to achieve legitimacy. Decide, decide, and issue a ruling. This makes the parties prefer to resort to expert arbitration regarding the type of matter in dispute, without resorting to judges who possess nothing but their legal culture.

In some cases, legal texts or legislation are sometimes ineffective and do not achieve justice alone, unlike arbitration.

What are the positive methods that must be followed in settlement?

• • Above all, commercial contracts must be carefully scrutinized and examined before they are signed by the parties in order to avoid any disputes that may occur later. There is no objection to consulting people with experience in this specialty unless you are contracting with a legal advisor or lawyer who may help you in obtaining approved models for contracts. Commercial.

• • Make sure that arbitration is a condition in the contract, where the method of resolving disputes or any disagreement that may occur between the two parties regarding the interpretation of the contract or any of its clauses is clarified, and the names and names of the arbitrators can be specified or the agreed-upon arbitration center must be appointed in the event of any dispute arising.

• • It is also possible to mention the type of arbitration and include it as a clause in the contract, meaning that the arbitration should be institutional, meaning that it should be through one of the arbitration and legal consultation centers in the country, or it should be private arbitration, and Dr. Hassan Al-Hayes is considered the best legal advisor in Dubai to rely on in such matters.

• • The contract may include a stipulating clause that in the event of any disagreement or dispute arising over the interpretation of the terms of the contract, reconciliation and conciliation will be resorted to first, and then to arbitration later in the event that the amicable reconciliation fails.

• • Then, finally, review the laws, regulations and legislation regulating commercial contracts, and the procedures followed in the judiciary and arbitration.