What are the common formalities of arbitration in the UAE?
In the UAE, arbitration is governed by the Federal Law No. 6 of 2018 on Arbitration (the “Arbitration Law”). The common formalities of arbitration in the UAE are as follows:
1. Agreement to Arbitrate: The parties must agree to resolve their disputes through arbitration, which can be done in writing or by conduct.
2. Appointment of Arbitrator: The parties must appoint one or more arbitrators to preside over the arbitration proceedings. If the parties are unable to agree on the arbitrator(s), the Dubai International Arbitration Centre (DIAC) can appoint the arbitrator(s) for them.
3. Notice of Arbitration: The claimant must serve a notice of arbitration on the respondent, which should include a statement of the claims, the relief sought, and the name and address of the claimant.
4. Place of Arbitration: The parties must agree on the place of arbitration, which can be in the UAE or any other location.
5. Arbitration Proceedings: The arbitration proceedings should be conducted in accordance with the Arbitration Law and the rules agreed upon by the parties. The proceedings should be fair, impartial, and independent, and should be conducted in a manner that ensures the protection of the parties rights.
6. Decision of the Arbitrator: The decision of the arbitrator is final and binding on the parties unless it is challenged in the UAE courts. The decision should be in writing and should state the reasons for the award.
7. Enforcement of the Award: The award can be enforced in the UAE courts, in accordance with the provisions of the Arbitration Law and the UAE Civil Procedures Code.
It is important to note that the above list is not exhaustive and that the specific formalities of arbitration in the UAE may vary depending on the particular circumstances of each case. It is always a good idea to seek legal advice from a qualified UAE attorney before engaging in arbitration in the UAE.