Escolar Documentos
Profissional Documentos
Cultura Documentos
Arbitration in UAE
What is ADR?
Less formality
Application of equity
Direct participation and communication
between disputants.
ADR Models
1.
2.
3.
Hybrid Approach
Question:
In case of lapse of the 84 days (No
decision) and lapse of 70 days followed
(No arbitration notice), how can the
dispute be solved?
67.2Amicable Settlement
Arbitration in UAE
Independence of Arbitration
1.
2)
Challenges to Jurisdiction
The tribunal will decide on its jurisdiction.
However, the award can be challenged on the ground
that the arbitration agreement did not exist or it was
invalid.
Article 216.1 of the Federal CPL states The parties
to a dispute may, at the time of consideration of the
arbitrators award, request the nullification of the
same in the following events: (a) If the award was
issued without, or was based on invalid terms of
reference or an agreement which has expired by time
prescription, or if the arbitrator has exceeded his
limits under the terms of reference.
Interim Measures
They may be called as interim measures of
protection or interim or conservatory
measures or provisional or conservatory
measures.
Attendance of witnesses:
This is a sort of preservation of evidence.
It may be necessary to resort to the courts,
particularly if the witness whose presence is required
is not in any employed or other relationship to the
parties to the arbitration, and so cannot be persuaded
by them to attend voluntarily.
The arbitral tribunal or a party with the approval of
the arbitral tribunal may request from a competent
court of this State assistance in taking evidence. The
court may execute the request within its competence
and according to its rules on taking evidence.
Preservation of Evidence
If for example, the dispute is over the number
or quality of reinforcing bars used in the
concrete foundations of a road, bridge, or
dam, some record must be preserved,
preferably by independent experts, before
those foundations are covered over. This is
self-evident and, on the whole,
uncontroversial.
Documentary Disclosure
The arbitral tribunal's power to order
disclosure of documents is necessarily limited
to the parties to the arbitration. Yet in certain
circumstances, relevant documents may be in
the hands of a third party.
Compensations
Will the party be compensated if it appears later that
the interim measure requested by the other party
was unnecessary and harmful?
Yes, the tribunal can include such compensations in its
award.
Article 17G of the UNCITRAL clearly states that
The party requesting an interim measure or applying
for a preliminary order shall be liable for any costs
and damages caused by the measure or the order to
any party if the arbitral tribunal later determines that,
in the circumstances, the measure or the order
should not have been granted. The arbitral tribunal
may award such costs and damages at any point
during the proceedings.