Arbitration is a form of alternate dispute resolution (ADR)
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...
Arbitration stands as a beacon of efficient conflict resolution, offering parties a swifter, more economical, and flexible alternative to the courtroom. Upholding confidentiality and preserving relationships, it embodies a modern approach to dispute settlement. However, the cornerstone of arbitration lies in the arbitration agreement, a crucial prerequisite for its effectiveness. In this article, we delve...
Construction projects in the United Arab Emirates (UAE) contribute significantly to economic growth and development, drawing both domestic and foreign investment. However, with the complexity and scale of these projects comes the potential for disputes to arise, often involving multiple parties, complex contracts, and differing interpretations of laws and regulations. Resolving construction disputes in UAE...
The Abu Dhabi International Arbitration Centre (arbitrateAD) is the latest Institutional Arbitration centre in the Middle East. This article discusses the ArbitrateAD Rules to equip you to choose ArbitrateAD as your destination to resolve disputes. The references mentioned in this article are from the arbitrateAD Rules 2024, the DIAC Arbitration Rules 2022 and the ICC...
With an aim to expedite the resolution of disputes and reduce the burden on the court systems in the country, the United Arab Emirates has made a significant update to its legal framework concerning dispute resolution with the enactment of the Federal Decree Law No. 40 of 2023. This law which came into effect on...
A look at the fate of existing DIFC-LCIA arbitration clauses after Dubai’s Decree 34 of 2021 dissolved the DIFC-LCIA and transferred its functions to the DIAC (Dubai International Arbitration Centre). In a recent development in the sphere of international dispute resolution, a United States court has refused to enforce a Dubai International Financial Centre-London Court...
A comprehensive, step-by-step approach to navigating the arbitral enforcement process in the UAE. The law makes a clear distinction between domestic and international arbitrations, significantly influencing the procedures associated with the enforceability of arbitral awards for domestic arbitrations and for international arbitrations. Introduction Arbitration in the United Arab Emirates (UAE) is a widely favoured method...
Understanding the available avenues for appeal and the specific procedures to be followed is crucial to address issues that may arise during the ratification process. Challenges to ratification may arise based on various grounds, including procedural irregularities, lack of a valid arbitration agreement, or violations of public policy. Introduction In the dynamic landscape of...
The Abu Dhabi Chamber of Commerce and Industry has unveiled the Abu Dhabi International Arbitration Centre (arbitrateAD), a new international arbitration centre situated in Abu Dhabi. Starting February 1, 2024, the new governance framework and arbitration regulations will supersede those of the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC). This significant development marks a...
As long as the arbitration agreement remains valid, national and state courts will not have jurisdiction to entertain claims arising from contracts that contain an embedded arbitration clause. The Court also clarified that non-payment of arbitration costs does not result in waiving the arbitration agreement, thus entitling either party to resubmit the claim with the DIAC.
