What does Arbitration mean?
Arbitration is a form of alternative dispute resolution outside the court process. The parties to a dispute refer it to arbitration and agree to be bound by the arbitration decision.
Best Arbitration Lawyer in UAE
Dr. Hassan Elhais has gained an extensive amount of experience advising clients in arbitration matters such as real estate, contract disputes, commercial disputes and construction matters. Dr. Hassan Elhais is a leading arbitration lawyer in UAE, with extensive experience in handling complex disputes across various sectors. He has advised clients through the Dubai International Arbitration Centre countless times. He is also familiar with the rules of other arbitration bodies such as the International Chamber of Commerce (ICC), The London Court of International Arbitration (LCIA) and The United Nations Commission on International Trade Law (UNCITRAL). As one of the most recognized arbitration lawyers in Dubai, he has successfully represented clients in both local and international arbitration cases.
Local & International Arbitration Lawyer in UAE
Dr. Hassan Elhais holds valuable expertise in local and international arbitration and has counselled multiple clients in corporate, commercial and financial arbitration. With rapid adjustments in the global economy, corporate disputes are now beyond a specific territory, wherein most companies approach Arbitration Law firms in Dubai possessing exceptional experience in Dubai Arbitration Law along with exemplary skill in legal representation before relevant arbitration institutes.
Best Arbitration Law Firms in Dubai, UAE
Arbitration Law Firms in Dubai not only excel in attaining favorable judgments for clients under Dubai Arbitration Law but ensures the utmost security of their rights under the law and the agreement signed between the parties. Our team of lawyer’s profundity in Dubai Arbitration law is unprecedented at local and international level as supported by in-depth knowledge and extensive understanding of arbitral procedures of several arbitration institutes registered within the country.
UAE Arbitration Law Services In Dubai
Dr. Elhais along with the team provides reliable services related to Arbitration, as they have excellent experience with Dubai arbitration law & proceedings. With deep knowledge of UAE arbitration law, they provide strategic legal support in both local and international arbitration matters. They recognize their client's needs and work towards resolving their complex issues. For legal arbitration services in Dubai, feel free to contact one of the best arbitration law firms in UAE on +971 50 506 5861.
Frequently Asked Questions
Arbitration offers the businesses confidentiality, procedural flexibility, and faster dispute resolution compared with traditional court litigation. In the UAE, the arbitration is governed primarily by the Federal Arbitration Law No. 6 of 2018. The parties may choose arbitrators possessing the technical expertise relevant to their commercial industry and the contractual relationship. Arbitration proceedings are generally in private, protecting the sensitive commercial information and preserving business reputations. The UAE courts usually respect the valid arbitration agreements and support the enforcement of arbitral awards under the applicable laws. The process also allows the parties flexibility regarding the language, venue, governing law, and procedural rules during proceedings. International investors frequently prefer arbitration because the UAE arbitral awards are enforceable domestically and internationally under the New York Convention.
The courts of the UAE have the power to refuse, to enforce an arbitral award, but only in limited circumstances and on the specific grounds for the refusal stipulated in the arbitration legislation. Such grounds include, for example, the inability of the parties to enter into an arbitration agreement or the arbitration agreement being invalid or unenforceable; procedural fairness issues (such as equal representation and proper notice); and the award being contrary to the public policy, morality or mandatory legal provisions of the UAE. The courts may also refuse to recognize an arbitral award where an arbitrator has exceeded his or her authority (as granted under the arbitration agreement or rules) or there was fraud, forgery, or incapacity in the arbitration process. However, the courts of the UAE are generally pro-arbitration and generally not to reexamine the substantive merits of the arbitral award.
Under UAE law, arbitration agreements must in general be in writing and signed by legally authorized representatives. This agreement may be expressed in the principal contract or in a separate arbitration agreement between the parties. The party that signs the arbitration clause must have the express authority to contractually waive normal court jurisdiction in preference for arbitration. The UAE courts will carefully scrutinize the company’s authorization documents in case of a dispute concerning the powers of the representative and the validity of the contract. The arbitration clause should indicate the parties’ intention to resolve disputes only through binding arbitration proceedings. The dispute resolution processes frequently encounter the jurisdictional issues and unnecessary procedural difficulties that result from vague or incomplete arbitration clauses. A well-drafted agreement goes a long way toward maximizing the enforceability and minimizing the possibility for future disputes regarding the venue or procedural validity.
The arbitral tribunals in the UAE may issue several interim measures aimed at protecting parties’ rights during proceedings. Such measures may include preservation of evidence, preservation of assets, prevention of breaches of contracts or effective protection of confidential commercial information. Tribunals may also order provisional financial guarantees or conservatory measures necessary to keep the effectiveness and fairness of arbitration. UAE courts can support arbitral tribunals by enforcing interim orders where there is a practical need or appropriateness for judicial intervention. The parties often seek urgent measures in cases where there is a risk of dispersion of assets, or destruction of the relevant evidence. Interim relief applications are generally judged on urgency, proportionality and the probability of serious irreparable commercial harm. Such mechanisms promote the procedural balance as arbitration proceedings move toward final adjudication and enforceable arbitral determination.
The UAE recognizes and enforces the international arbitral awards under the domestic legislation and treaty obligations. The UAE is a party to the New York Convention allowing for cross-border enforcement of arbitral awards. Courts usually do not review the merits, but only whether the procedures followed met the requirements of law for enforcement. Applicants seeking enforcement must submit authenticated arbitral awards, arbitration agreements and certified Arabic translations where legally required. Enforcement can be refused only on narrowly viewed grounds in accordance with the applicable arbitration laws and international conventions. The UAE's judicial practice is also increasingly supportive of arbitration-friendly interpretations that encourage foreign investment and international commercial confidence in various industries. Therefore international parties choose UAE arbitration seats considering the reliability, neutrality and enforceability in the regional markets.
When choosing the arbitration institutions in the UAE, companies should consider the institutional reputation, the efficiency of the procedures, the costs, and enforceability. Common institutions are the Dubai International Arbitration Centre and Abu Dhabi International Arbitration Centre. Businesses should consider whether institutional rules are appropriate to the complexity and technicality of the disputes they anticipate arising from contracts. Also, attention should be paid to the availability of arbitrator expertise, administrative support, and emergency arbitration mechanisms provided institutionally. The procedural timing and fees of the institution you select can materially affect your overall dispute resolution strategy and costs. Companies in the international commercial arbitration practice often take into account prior enforcement experiences and institutional credibility when making selection decisions. Careful selection of the institution adds to procedural predictability and enhances confidence during arbitration proceedings and at the stage of enforcement of an eventual award.
Arbitration may be involved in disputes related with employment and consumer, but the enforceability of that arbitration will be a matter of statutory protections and public policy. UAE courts scrutinize whether the weaker party has genuinely consented to arbitration without coercion or inequitable imbalance in the contract. The mandatory pre-dispute arbitration agreements are contractually unable to merely waive some employment rights and the statutory protections. The consumer arbitration clauses may also be challenged where the contract terms appear unjust or conflict with the mandatory law. The courts will decide whether arbitration arrangements sufficiently safeguard the procedural fairness, transparency and access to justice for those impacted. After a dispute, arbitration agreements are generally viewed more favorably because the parties knowingly agree to them after a dispute has formally arisen. Therefore, it is important for the businesses to carefully draft the arbitration clauses to comply with the legal protections and the judicial expectations of the UAE.
The best arbitration lawyer in the UAE is usually chosen, on the basis of experience in commercial disputes, arbitration hearings and enforcement of arbitral awards. The businesses are likely to prefer the lawyers who are well versed in the UAE arbitration laws as well as the international dispute resolution frameworks. An understanding of cross-border transactions and the contractual disputes is also highly valued. Dr. Hassan Elhais is known for his legal insight and representation in the complicated matters of UAE law involving the commercial disputes and the arbitration-related proceedings. His work involves advising the companies, investors and the expatriates on dispute management and legal remedies. Strategic case handling and strong advocacy remain important considerations in the selection of the arbitration counsel.
