Legal systems around the world are considered hectic, time consuming and difficult to approach considering multiple barriers such as difference in laws and language in all courts. Therefore, alternative dispute resolution processes have been put in a position to effectively resolve disputes between corporate entities or for matters concerning a commercial nature.

Arbitration is one amongst the many alternatives offered under alternate dispute resolution processes, which is governed under Federal Law number 6 of 2018 regarding Arbitration Law in UAE. The framework is constantly developing and especially business contracts recognize the strategy of arbitration as their method for dispute resolution. It is further considered as an ideal methods and a subject of interpretation by the Courts to make UAE a reasonable seat for arbitration around the world. Nevertheless, most commercial contracts signed between the parties are unable to be enforced before the relevant authorities as it fails to adhere with the standards of the arbitration law of the country. Ergo, the Arbitration Lawyers suggests all commercial clients to appropriately draft the arbitration agreement to ensure its enforceability.

consent to dispute resolution for arbitration shall be in writing. It is pertinent to include this agreement with the main commercial contract between the parties as a clause or as a separate agreement attached to the contract. The new enactment presents genuinely necessary adaptability in this regard as parties may consent to arbitration by way of correspondence. As an exemption to the standard, any oral consent to arbitration may be viewed as authoritative if such understanding happened during court procedures and is recorded in the significant court judgment.

Similarly, with any composed agreement or written arbitration clause, considering minute details is imperative when drafting the arbitration condition. One ought to consider all parts of the procedures including among other, the seat of the arbitration, depicting the method of arbitration that is ad hoc or institutional, defining the applicability of law, language of the arbitration and appointment of any arbitration institute as per the legal procedures set up by the Arbitration Law of UAE. As an overall standard, the more explicit and itemized an arbitration understanding is corresponding to its application and methods, the higher the odds that the arbitral procedures will be cost effective and quick.

As we are quite aware that an arbitration award that is decision issued by a specific arbitrator needs to be registered before the relevant court for enforcement. Accordingly, such enforcement shall be in accordance with the Arbitration Law. However, the Legal Consultants of Dubai has witnessed multiple cases where the awards were reconsidered by courts due to their failure to adhere with applicable standards. In such circumstances, the award winner fails to reach a favourable position even after receiving a favourable award. Therefore, it is pertinent to have a valid and adequate arbitration agreement to be drafted by qualified and experienced Arbitration Lawyers of Dubai and in event of dispute, you must approach Arbitration Lawyers of Dubai and in event of dispute, you must approach Top Lawyers of Dubai to achieve a favourable judgment.