Arbitration Lawyer in UAE

Arbitration proceedings in the UAE, whether conducted onshore or offshore, afford parties significant autonomy in selecting arbitrators. However, adherence to stringent criteria, including independence and impartiality, ensures the integrity of the arbitration process. The UAE Arbitration Law also delineates specific requirements regarding arbitrator eligibility, the intervention of local courts in arbitrator selection disputes, and the finality of court decisions in such matters, providing clarity and stability to arbitration proceedings.

In arbitration proceedings governed by UAE Arbitration Law, arbitral tribunals and parties enjoy considerable flexibility in organizing proceedings and determining the timeline for issuing awards. While the law does not prescribe strict deadlines for award issuance, compliance with institutional rules' specified time limits ensures expeditious resolution of disputes. This flexibility, coupled with adherence to procedural fairness, contributes to the efficiency and effectiveness of arbitration as a dispute resolution mechanism in the UAE.

The comprehensive scope of the UAE Arbitration Law extends its applicability to various arbitration scenarios, including domestic and international commercial disputes. Whether arbitration proceedings occur within the UAE or involve international elements, the law provides a robust legal framework for enforcing arbitration agreements and awards, thereby fostering confidence in the UAE's arbitration regime. Article 21 of the UAE Arbitration Law gives arbitral tribunals the ability to take precautionary or interim measures as necessary. This allows for adaptability to evolving circumstances during arbitration proceedings.

In a recent ruling, the Dubai Court of Cassation tackled the issue of arbitration clause validity within contracts, stressing the need for adherence to UAE public policy. The case centered on a dispute over a contract's nullity and the associated arbitration clause, shedding light on the potential repercussions of agreements conflicting with public policy. This verdict highlights the importance of carefully examining and ensuring the legality of contractual arrangements, particularly concerning matters of public interest. It reminds businesses operating in the UAE to draft arbitration clauses that are enforceable and compliant with local regulations and public policy considerations.
The court's decision underlines the significance of contractual practices in the UAE's legal landscape. It emphasizes that parties must conduct thorough due diligence when drafting agreements, especially those involving arbitration clauses. By ensuring compliance with public policy and local regulations, businesses can mitigate the risk of disputes arising from contract nullity or invalid arbitration clauses. This proactive approach not only safeguards the interests of all parties involved but also promotes legal certainty and stability in commercial transactions within the UAE.