The Right To Waive

Mr 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

Mr 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.

Following The Procedures

Mr 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.