Critical Legal Issues Associated with Arbitration AgreementSource: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2024:;Volume ( 016 ):;issue: 002::page 04524004-1DOI: 10.1061/JLADAH.LADR-1105Publisher: ASCE
Abstract: Despite its high cost and long procedures in some cases, arbitration may be perceived as a safe dispute resolution mechanism, at least in complex and large disputes. This may be owed to the customary unified standards internationally, the relatively high procedural flexibility, its privacy, and reduced uncertainty. As arbitration is an exception to litigation depriving parties of the default litigation right; an arbitration agreement validity is key. The paper explores arbitration agreement forms under the UAE laws and identifies critical matters affecting its validity. To that extent, the maturity and materialization of a dispute is a critical issue that may often be overlooked by disputants. In the context of arbitration however, this becomes more complicated as it interfaces with the tribunal’s capacity and jurisdiction. While the review of the arbitration agreement forms demonstrates both flexibility but high procedural aspects, it is worth highlighting that the materialization of a formal dispute, particularly in construction contracts and similar highly procedural contracts, is a common delay tactic for arbitration procedures defense counsels may resort to. Limited institutional arbitration rules call for a check on the existence of an arbitration agreement on a prima facia basis, the criteria of which, is determined by courts and arbitration centers, leaving generous room for interpretation.
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| contributor author | Ahmad Alozn | |
| contributor author | Aymen Masadeh | |
| date accessioned | 2024-04-27T22:53:27Z | |
| date available | 2024-04-27T22:53:27Z | |
| date issued | 2024/05/01 | |
| identifier other | 10.1061-JLADAH.LADR-1105.pdf | |
| identifier uri | http://yetl.yabesh.ir/yetl1/handle/yetl/4297758 | |
| description abstract | Despite its high cost and long procedures in some cases, arbitration may be perceived as a safe dispute resolution mechanism, at least in complex and large disputes. This may be owed to the customary unified standards internationally, the relatively high procedural flexibility, its privacy, and reduced uncertainty. As arbitration is an exception to litigation depriving parties of the default litigation right; an arbitration agreement validity is key. The paper explores arbitration agreement forms under the UAE laws and identifies critical matters affecting its validity. To that extent, the maturity and materialization of a dispute is a critical issue that may often be overlooked by disputants. In the context of arbitration however, this becomes more complicated as it interfaces with the tribunal’s capacity and jurisdiction. While the review of the arbitration agreement forms demonstrates both flexibility but high procedural aspects, it is worth highlighting that the materialization of a formal dispute, particularly in construction contracts and similar highly procedural contracts, is a common delay tactic for arbitration procedures defense counsels may resort to. Limited institutional arbitration rules call for a check on the existence of an arbitration agreement on a prima facia basis, the criteria of which, is determined by courts and arbitration centers, leaving generous room for interpretation. | |
| publisher | ASCE | |
| title | Critical Legal Issues Associated with Arbitration Agreement | |
| type | Journal Article | |
| journal volume | 16 | |
| journal issue | 2 | |
| journal title | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction | |
| identifier doi | 10.1061/JLADAH.LADR-1105 | |
| journal fristpage | 04524004-1 | |
| journal lastpage | 04524004-6 | |
| page | 6 | |
| tree | Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2024:;Volume ( 016 ):;issue: 002 | |
| contenttype | Fulltext |