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Appointment of arbitrators in UAE

Appointment of arbitrators in UAE

At all events, arbitration is more rational, just and humane than the resort to the sword- Richard Cobden
Arbitration is one of the many alternative dispute resolution mechanisms that has made settlement of disputes a lot easier than the conventional route of court proceedings. UAE has a number of arbitration centres like DIAC, DIFC-LCIA, EMAC, ADCCAC, and ADGM Arbitration centre among others to prove its inclination toward quick resolution of legal matters, and becoming a hub for arbitration.

Who cannot be an arbitrator?

  1. A minor
  2. A Convicted Criminal
  3. A Bankrupt, unless that person is rehabilitated.
  4. Person having legal incapacity to conduct proceedings.
  5. A member of the board of trustees or administrative branch of the arbitration centres in UAE.

Our skilled lawyers have thrown up some light on the process of appointment of arbitrators in Dubai:

  1. The parties can choose arbitrator/arbitrators for their arbitration proceedings by directly mentioning his/their names in the agreement, or an appointment can be made through court or arbitration centres after filing an application for the same. Generally, when the parties fail to reach an agreement on an appointment, the courts of UAE will do the same for the parties.
  2. The parties can appoint any number of arbitrators, but the number should be odd if more than one arbitrator is appointed.
  3. An arbitrator must be a natural person of either gender or nationality.
  4. The arbitrator can be removed only when both parties agree to. Impartiality by arbitrators or ignorance of duties that are mentioned in the arbitration agreement can also be a ground for his/her removal.

Powers of an arbitrator
An arbitrator has the power to conduct hearings, take evidence, and take help from experts, among others but normally, the powers of the arbitrator are subject to the provisions of the arbitration agreement between parties. The Content of the arbitral award given by the arbitrator:

  1. The decision must in writing and based on the majority opinion,
  2. It must be signed by the arbitrator/arbitrators,
  3. The award should mention the name and address of the parties, the name and address of the arbitrators,
  4. The parties claim in the matter,
  5. Reasons for the award and the decision,
  6. Cost of arbitration,
  7. Date and place of issue of the award.

Conclusion
Arbitration is attracting more and more litigants for dispute resolution, thanks to its advantages. BSB Legal Consultants have a separate team of skilled lawyers who specifically assist in arbitration matters. We are committed to giving our clients full satisfaction in legal matters. Book your free consultation at info@bsb.legal or call at +97150 8014003.

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