Arbitration Article Series II Appointing Arbitrators
Dr Hassan Elhais explains the process that is undertaken when appointing arbitrators and what input is given to parties to arbitration on the matter.
Should an arbitrator sign on all pages of the arbitration award
Dr Hassan Elhais looks at the situation of enforcing foreign awards during arbitration and what limitations exist to such enforcement under UAE law.
Judgment in Maritime Arbitration Matter
Dr Hassan Elhais looks at the legal position of whether parties in a maritime dispute can be referred to arbitration, even when a Bill of Lading contains no express reference to such a possibility.
Annulment Covers Everything
Dr Hassan Elhais explores what happens to an arbitration clause in a contract once that contract has been annulled.
The Right To Waive
Dr Hassan Elhais details the ways in which a right to arbitration can be waived, which can happen either expressly or impliedly. However, that any implied waiver must be clear and unambiguous.
A Challenging Issue
Dr Hassan Elhais outlines the necessity of an arbitration process to be immediately halted if one of the parties to arbitration challenges the arbitrator. If this fails to happen, any decision after the point of challenge will be void.
Does Signed Mean Sealed
Dr Hassan Elhais explains that if an unauthorised signature on a contract is accepted during an arbitration agreement, this validates the signature and the contract can be deemed lawful.
Following The Procedures
Dr Hassan Elhais establishes the point that compliance with all arbitration procedures by the parties is assumed and the burden of proof that this is not the case resides with the party claiming non-compliance.
Valid or Invalid?
Dr Hassan Elhais clarifies that an arbitration award can be nullified by request if it can be proven the arbitrator did not follow agreed procedures or terms of reference.
The Right Court for Annulling an Arbitration Award
Dr Hassan Elhais examines the course of action that can be taken if an arbitration award is based on invalid terms of reference or the agreement has expired.
Arbitration Article Series IV Enforcing Arbitration Awards
Dr Hassan Elhais looks at the situation of enforcing foreign awards during arbitration and what limitations exist to such enforcement under UAE law.
Arbitration Article Series III Terms of References
Dr Hassan Elhais explores the importance of terms of reference in framing the arbitration process and how such terms guide the entire process.
Arbitration Article Series V Challenging an Arbitration
Dr Hassan Elhais clarifies the requirements of enforcing awards under the New York Convention, including that they must comply with the UAE Civil Code.
Arbitration Article Series I Rise of Arbitration
Dr Hassan Elhais looks at the history of arbitration in the UAE, starting when it joined the New York Convention in 2006, which has eased the implementation of International Arbitration Awards in the country.
