Contemporary Issues of Arbitration under UAE Law
In: Arab Law QuarterlySearch for other papers by Aymen K. Masadeh in
Current site
Google Scholar
Seraj Law Amman Jordan
Search for other papers by Ahmed Alozn in
Current site
Google Scholar
Abstract
This paper aims to discuss controversial issues encountered by arbitral tribunals assigned to decide a particular dispute under UAE law. These issues are mainly related to preserving principles of competence-competence and separability, which might adversely affect the validity of the procedures undertaken by arbitral tribunals or the validity of final awards rendered by an arbitral tribunal. The aforementioned problematic scenarios can be noted in the context of the formation of arbitral tribunal, ordering interim, arbitration costs and waiver of arbitration agreement. The study will deploy qualitative legal method, through which an analytical approach will be applied on the UAE Arbitration Law and Dubai International Arbitration Centre (DIAC) Rules in order to illuminate the gaps in both sets that may affect the evidential value of the procedures undertaken in the context of the abovementioned issues. This paper concluded with a set of suggestions aimed at filling the gaps observed in the UAE arbitration Law and DIAC Rules in terms of the aforementioned issues.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 243 | 243 | 92 |
| Full Text Views | 10 | 10 | 4 |
| PDF Views & Downloads | 246 | 246 | 10 |
Contemporary Issues of Arbitration under UAE Law
In: Arab Law QuarterlySearch for other papers by Aymen K. Masadeh in
Current site
Google Scholar
PubMed
Seraj Law Amman Jordan
Search for other papers by Ahmed Alozn in
Current site
Google Scholar
PubMed
Abstract
This paper aims to discuss controversial issues encountered by arbitral tribunals assigned to decide a particular dispute under UAE law. These issues are mainly related to preserving principles of competence-competence and separability, which might adversely affect the validity of the procedures undertaken by arbitral tribunals or the validity of final awards rendered by an arbitral tribunal. The aforementioned problematic scenarios can be noted in the context of the formation of arbitral tribunal, ordering interim, arbitration costs and waiver of arbitration agreement. The study will deploy qualitative legal method, through which an analytical approach will be applied on the UAE Arbitration Law and Dubai International Arbitration Centre (DIAC) Rules in order to illuminate the gaps in both sets that may affect the evidential value of the procedures undertaken in the context of the abovementioned issues. This paper concluded with a set of suggestions aimed at filling the gaps observed in the UAE arbitration Law and DIAC Rules in terms of the aforementioned issues.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 243 | 243 | 92 |
| Full Text Views | 10 | 10 | 4 |
| PDF Views & Downloads | 246 | 246 | 10 |