The Enforceability of the Unfair Arbitration Agreement in Consumer Disputes before Dubai Courts

in Arab Law Quarterly
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Online transactions in the Gulf Cooperation Council (gcc) region and particularly Dubai has undergone a phenomenal rise in recent times. However, reform is required to improve the legislation as it relates to consumer rights. Upon successful completion of online transactions, consumers often end up agreeing to unclear arbitration clauses among other terms and conditions, thereby bearing extra costs and expenses. They may also waive their right to litigate, which is a primary consideration and should be secured. This article seeks to examine current legislation and court approaches in Dubai, relating to consumer rights. Essentially, possible solutions directed at protecting consumers from referring to arbitration.

The Enforceability of the Unfair Arbitration Agreement in Consumer Disputes before Dubai Courts

in Arab Law Quarterly




Arbitration Act 1996s. 91(1).


J. Hornle‘Legal Controls on the Use of Arbitration Clauses in B2C E-commerce Contracts’Electronic Business Law 8(8) (2006): 9.


D. Brawn‘Commercial Arbitration in Dubai’Arbitration 80(2) (2014): 156.


S. Kantaria‘Is your Arbitration Agreement Valid in the United Arab Emirates?’Arbitration 80(1) (2014): 16.


Michael GroseConstruction Law in the United Arab Emirates and the Gulf (New York: John Wiley & Sons2016) p. 274.


(Cassation No. 363 of 2011Civil Appeal) online at accessed 13 June 2016.


C. Friel & J. Raymond‘A comparative View of Consumer Arbitration’Arbitration 71(2) (2005): 131.


C. Knapp‘Blowing the Whistle on Mandatory Arbitration: Unconscionability as a Signaling Device’San Diego L Rev 46 (2009): 609.


R. PosnerEconomic Analysis of Law (Boston: Little, Brown & Co1973).


I. Ayres & R. Gertner‘Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules’Yale Law Journal 87 (1989): 92.


M. Galanter‘The Turn against Law: The Recoil against Expanding Accountability’Tex L Rev 81 (2002): 285.


K. Mechantaf‘Balancing Protection and Autonomy in Consumer Arbitrations: An International Perspective’Arbitration 78 (2012): 232.


E. McKendrickContract Law (Basingstoke: Palgrave Macmillan2011) p. 314.


Arbitration Act 1996s. 91 (1).


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