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    Critical Legal Issues Associated with Arbitration Agreement

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2024:;Volume ( 016 ):;issue: 002::page 04524004-1
    Author:
    Ahmad Alozn
    ,
    Aymen Masadeh
    DOI: 10.1061/JLADAH.LADR-1105
    Publisher: 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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      Critical Legal Issues Associated with Arbitration Agreement

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    http://yetl.yabesh.ir/yetl1/handle/yetl/4297758
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    contributor authorAhmad Alozn
    contributor authorAymen Masadeh
    date accessioned2024-04-27T22:53:27Z
    date available2024-04-27T22:53:27Z
    date issued2024/05/01
    identifier other10.1061-JLADAH.LADR-1105.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4297758
    description abstractDespite 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.
    publisherASCE
    titleCritical Legal Issues Associated with Arbitration Agreement
    typeJournal Article
    journal volume16
    journal issue2
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/JLADAH.LADR-1105
    journal fristpage04524004-1
    journal lastpage04524004-6
    page6
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2024:;Volume ( 016 ):;issue: 002
    contenttypeFulltext
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