arbitration

|

October 15, 2019

|

996 views


| Your comment matters, please click here to rate article!



Out of danger, are they really? The article by Criminal Lawyers in Dubai will discuss the "not so much" liability of arbitrators in UAE in accordance with the recent amendment in the laws pertaining to arbitration.

Why should we study arbitrator's liability? Simply because the authenticity of international arbitration is highly questionable and is facing a reputational crisis. Yet, the laws imposing criminal penalties on arbitrators have been eradicated which is the topic of discussion of this article.

UAE has recently promulgated a decree which halted the long drawn controversy regarding the criminal liabilities of arbitrators and experts which emerges from their irrational behaviour or duties inconsistent with the laws of the Arbitration Centre or from their unbiased nature. His Highness Sheikh Khalifa Bin Zayed Al Nahyan issued Federal Decree Number 24 of 2018 (the Decree) on 23 September 2018. The Decree amended several provisions of Federal Law Number 3 of 1987, the UAE Penal Code wherein Article 257 which forms the basis of this article.

The shift in the Law

Article 257 of the Penal Code was very much a concern for arbitrators concerning the imposition of criminal liability on those who fail to perform their duty impartially. However, the risk of penalties was low, yet it worked as a deterrent for arbitrators, and they may be unwilling to take up new matters which might cause breach for which they are not aware of.

Article 257 (The History)

"Any individual who issues a request depicts a supposition, gives a report, displays a case or demonstrates an incident for or against an individual, in repudiation to the requirement of biases and trustworthiness, while acting in his ability as a mediator, expert, interpreter or fact discoverer designated by a regulatory or judicial authority or chosen by the parties, will be punished by brief detainment.

The aforementioned classes of people will be banned from assuming the responsibilities which they were entrusted in the first instance, shall be liable under Article 255 of this law."

Article 257 (The Present)

"Any individual who, while acting in the limit of an expert, translator or examiner chosen by a judicial authority in any civil or criminal case, or delegated by an authoritative expert, affirms an issue in opposition to what is valid and distorts that issue while knowing reality about it, will be condemned to detainment for a minimum term of a year and a maximum term of five years. The punishment ought to be brief detainment if the referenced people were allocated to order in connection to a felony."

The amendment issued by the legislator clarifies the application of Article 257 on a specific category of the individual which earlier was applicable to anyone issuing a decision. As of now, it is only applicable to any person acting the capacity of an expert, translator or investigator appointed by judicial authority, thereby removing arbitrators from the purview.

Another significant amendment which can be witnessed in the Decree is the Article 236 which now makes arbitrators and experts are public employees for the purpose of new Article 234 and 237, which provides for the criminal liability of the public employees or employees of the international organization. We believe the new amendment is the positive step in the right direction and is a welcoming change towards deposing confidence in the arbitration proceedings within UAE. Nevertheless, we wait for more clarity in terms of interpretation and application of Article 236.

Related Links


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Main Menu

>