In my publication this week, I gave my analysis on the UAE Civil procedure Laws. In particular, I discussed about a matter where there is a binding arbitration clause in a enforceable contract and one of the parties referred the matter to the courts, instead of the Arbitration tribunal.
Mr Hassan Elhais explains the process that is undertaken when appointing arbitrators and what input is given to parties to arbitration on the matter.
Mr 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.
Mr Hassan Elhais explores what happens to an arbitration clause in a contract once that contract has been annulled.
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.
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.
Mr 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.
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.
Mr 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.
Mr 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.
Mr Hassan Elhais looks at the situation of enforcing foreign awards during arbitration and what limitations exist to such enforcement under UAE law.