Arbitration

Arbitration is the simplest procedure used to resolve disputes in worldwide. Mahmood Bin Jaber Advocates & Legal Consultants is composed of qualified team of lawyers whose mission is to deal with arbitration procedures and proceedings inside the UAE.

At all events, arbitration is more rational, just and humane than the resort to the sword

Richard Cobden – English Radical and Liberal politician

Arbitration is known as the most ancient, effective and fastest tool in resolving various complex issues between different parties. The concept of Arbitration is to arrive at a logical resolution agreed by all disputed parties using proper procedure of justice. It is a non-judicial legal process to resolve disputes between two commercial parties by presenting the matter before a third and a neutral party for a decision/award is referred to as Arbitration. Also an arbitration is globally recognized as an amicable way of resolving disputes and the simplest form of dispute resolution.

Our Working Areas

In the past we have worked as counsel and arbitrators in clashes among the parties from around the world in the following fields:

Joint Ventures, Consortia, and Corporate agreements
Deals and Purchase Agreements
Vitality and Natural Resources including;
Disagreements about Crude Oil
Refined Products
Metals and Minerals
Universal Trade
Distributorship and Agency Agreements
Development and Engineering
Property Disputes
Protection, Re-protection, and Mutual Assurance Issues
Speculation and Infrastructure
The question emerging under Bilateral Investment Treaties
Games and Related Contracts

Arbitration is complex process with an ever-evolving legal status, the need of a well-informed arbitration lawyer is inevitable. We prioritize arbitration in many disputes because of its positive role and impact to avoid its dealing in the corridors of the judiciary, especially in certain situations, such as spousal disputes or those relating to the conclusion and execution of contracts, particularly the long-term technology trade and joint ventures.

Our core team of Arbitration is having specialist practitioners, many with an international background. On the basis of their knowledge of the Middle East and their rich experience of both international and regional level, they are well aware of all the essential expertise to provide representation at the highest level across regions and industries.

Our team of experts are capable and learned in a wide scope of corporate and commercial matters sectors, but not limited to Infrastructure projects, oil and gas, power and energy, banking or finance, Insurance or Information Technology. In addition, the team holds expertise in matters of Joint Venture, Sale of Goods, Mergers and Acquisitions, Shareholders Agreement or any other commercial disputes or concerns. Our team’s experience comes from handling both huge and complex arbitration disputes and small scale matters that inevitably requires in depth legal knowledge of commercial sensitivities.

Frequently asked questions about Arbitration

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Mohamed Kabary

Associate Lawyer

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Maryam Atef

Human Resource Manager

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Mohamed Beshir

Legal Director

How can be arbitration enforced?

An arbitration proceeding is like traditional court litigation in many ways and fast, less expensive when compared to traditional legal paths. As a reason companies and individuals are often prefer to choose arbitration proceedings for dispute resolution and ensure that an arbitration clause is pre-agreed between the parties on commercial contracts.

Enforcement of arbitration award in the UAE:

The Federal Law No. (6) of 2018 on ‘Arbitration’ and its amendments (Arbitration law) constitute the arbitration law in the UAE. Article 3 of the Arbitration law describes arbitration as ‘international arbitration’ if any of the parties at the time of conclusion of the arbitration agreement have their place of business in two or more different states, or if a subject matter of the arbitration dispute is connected to different states etc.

Article 55 of the Arbitration Law states the procedures and requirements for enforcing an arbitral award as follows:

Enforcement of Award Article (55):

A party looking to enforce an arbitral award shall submit a request for its confirmation and enforcement with the chief justice of the Court, together with the following:

(a) The original award or a certified copy thereof.

(b) A copy of the Arbitration Agreement.

(c) An Arabic translation of the arbitral award, attested by a competent authority, (in the event award is not issued in Arabic)

(d) A copy of the minutes of deposit of the award in Court.

Can I Appeal Against an Arbitration Award?

Article 53 of the Arbitration law deals with the provisions for challenging an arbitration award and states the following grounds:

For, Lack of arbitration agreement or on the ground that an arbitration agreement is void and thus, un-enforceable;
That, a party, at the time of conclusion of the Arbitration Agreement, was incompetent or under some incapacity under the Law governing his capacity.
That, a person does not have the legal capacity to dispose of the disputed right under the Law governing his capacity.
That, a party to the Arbitration fails to present its case because it was not given proper notice of the appointment of an Arbitrator or of the arbitral proceedings or because the Arbitral Tribunal breached due process or for any other reason beyond his control.
That, the arbitral award excludes the application of the Parties’ choice of Law for the dispute.
That, the arbitral proceedings were marred by irregularities that affected the award or the arbitral award was not issued within the specified time frame.
That, the award contains decisions on matters not falling within the terms of the submission to Arbitration or beyond its scope.
That, the composition of the Arbitral Tribunal or appointment of any Arbitrator was not in accordance with the Arbitration Law or the agreement of the Parties.

Apart from the above-mentioned grounds for challenging an arbitration award, the Court may also, on its own initiative, set aside the arbitral award if it finds that:

The subject matter of the dispute is not capable of settlement by Arbitration.
The arbitral award is in conflict with the public order and morality of the State.

Can you claim legal costs in arbitration?

The legal costs in arbitration proceedings in UAE are at par with international arbitration standards. Further, the confusion with regard to the recovery of legal costs in the Dubai International Arbitration Centre has now been settled by Dubai Courts.

Parties in arbitration may incur different types of costs; wherein the three main costs involved the Trial Fees, Administration Fees, Legal fees for experts, and for legal representations. The expenses incurred in legal fees are the main expense incurred by the parties which distinguishes arbitration from litigation in another aspect where you can recover legal costs in arbitration as opposed to litigation in UAE.