Role of Arbitration in Commercial Disputes

Posted by Awatif Mohammad Shoqi Advocates & Legal Consultancy on October 27th, 2021

Dispute Resolution systems have continually experienced constant change all through the historical backdrop of business disputes. The procedures of litigation have been recognized to demonstrate terribly deficient and inclined to cause harm than resolving of contention by hampering positive future connection and relationship between the gatherings to it.

Nowadays, simply has there appear to be a worldwide change in perspective from legislative control to deregulation in all aspects of life, likewise it appears to be a comparative move from setting dependence on exacting lawful arrangements in settling business or business debates to the utilization of procedures of Alternative Dispute Resolution (ADR), an expressed intended to cover a wide scope of procedures received for the resolution of disputes other than through litigation. These comprise of arbitration, conciliation, mediation and negotiation. Nonetheless, arbitration has demonstrated to be the most generally grasped process for business disputes particularly across international commercial markets. As a dispute resolution system, arbitration has since quite a while ago picked up unmistakable quality among governments and worldwide associations, for example most agreements presently contain statements that to resolve disputes through arbitration in specific jurisdiction.

Arbitration is currently a well-known technique for resolving commercial disputes in the UAE. The development of arbitration in the UAE is reflected somewhat by the way that there are currently a few establishments in the UAE which regulate business discretions.

The UAE likewise promulgated Federal Law No. 6/2018 governing Arbitrations in the country, the UAE’s first independent law on mediation, which presented, in addition to other things, an increasingly smoothed out procedure to implement local arbitration awards, just as alterations to the UAE Civil Procedure Code to encourage the acknowledgment and authorization of outside arbitral honors. The most important considerable arbitration institutes in UAE are as follows:

• Dubai International Arbitration Center (DIAC)
• Dubai International Financial Center- London Court of International Arbitration (DIFC-LCIA)
• Abu Dhabi Commercial Conciliation and Arbitration Center (ADCCAC)
• Emirates Maritime Arbitration Center (EMAC)
• Sharjah International Commercial Center
• RAK Center for Commercial Arbitration and Reconciliation

Arbitration is viewed as an outstanding type of dispute resolution process. The law necessitates that consent to mediate must be recorded as a hard copy and marked by the parties who have the legitimate ability to discard the contested right. Without such an understanding recorded in the agreement, a party can’t refer the matter to arbitration. The Arbitration Law expresses that the arbitral court has the force, on the use of any party or an outsider to permit an third party to intercede or be participated in the arbitration, if it is involved with the intervention understanding.

In the end note, the most significant organizations overseeing the arbitration particularly in the region of universal commercial disputes should keep the procedures and methodology as straightforward and less perplexing as conceivable in comparison with litigation with the goal that the engaging quality arbitration cases would not be lost and endeavor to accomplish an increasingly uniform, universally even arrangement of international arbitration to guarantee simplicity of enforcement of arbitral awards.