Arbitration is a form of alternate dispute resolution (ADR)
Introduction In international arbitration, the parties’ autonomy is a hallmark feature. However, this autonomy operates within a legal framework that governs and supports the arbitral process. One of the most fundamental, yet often under-discussed, elements of this framework is the lex arbitri, or the law of the seat of arbitration. The lex arbitri plays...
Introduction India has progressively aligned itself with international best practices for enforcing foreign arbitral awards. As a signatory to both the New York Convention (1958) and the Geneva Convention (1927), India’s Arbitration and Conciliation Act, 1996 (the “Act”) provides a comprehensive framework for recognition and enforcement of foreign awards. Recent amendments and judicial pronouncements reflect...
In a significant ruling on 30th April 2025[1], the Supreme Court of India addressed a pivotal question in arbitration law: Do Indian courts possess the authority to modify arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 (the “Act”)? The Constitution Bench’s decision with a 4[2]:1[3] majority in Gayatri...
Let’s uncover the essentials of initiating arbitration proceedings in the UAE in this guide. From legal frameworks to procedural steps, we break down everything you need to know to navigate arbitration proceedings effectively. Introduction to Arbitration in the UAE The UAE stands out as a hub for arbitration, being a signatory to major international conventions...
The confidentiality of UAE arbitration proceedings is a cornerstone of arbitration in the UAE, governed by the UAE Federal Arbitration Law (Federal Law No. 6 of 2018 on Arbitration) and institutional arbitration rules. Here are the key points regarding confidentiality in arbitration proceedings in the UAE. Statutory Provisions on Confidentiality The UAE Federal Arbitration Law...
Disputes are an inevitable part of doing business, and how they are resolved can significantly impact a company’s operations and reputation. In the United Arab Emirates (UAE), the choice between litigation and arbitration is crucial for businesses. Arbitration, a private method of resolving disputes outside of traditional court systems, has gained prominence in the UAE...
For a deeper understanding of how arbitration is practiced in the UAE, its advantages, and the legal framework supporting it, refer to our comprehensive guide on Arbitration in UAE. The rapid evolution of Web 3.0 technologies, including blockchain, cryptocurrencies, and the metaverse, has ushered in a new era of digital interactions and transactions. As these...
The establishment of the Conflict of Jurisdiction Tribunal under Decree No. 29 of 2024 marks a significant shift in resolving jurisdictional disputes between the Dubai Courts and the DIFC Courts. This new mechanism replaces the Joint Judicial Committee, addressing prior inefficiencies and ambiguity, while providing a streamlined process for adjudicating jurisdictional conflicts. Here’s an in-depth...
The United Arab Emirates (“the UAE”) has solidified its position as a global hub for international trade, business, and dispute resolution, making it a crucial jurisdiction for arbitration. Arbitration has become the preferred mode of dispute resolution in the UAE, particularly in commercial disputes, owing to its flexibility, confidentiality, and enforceability. The country’s legal framework...
In the UAE, the legal basis for suspension and termination of construction contracts primarily comes from the Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates (Civil Code). Under Article 892 of the Civil Code, a Muqawala (construction) contract can be terminated upon the completion of work, by...
