THE REMARKABLE GROWTH OF THE ASIAN ARBITRATION
However, the exclusive focus on this standard narrative has left unexplored a competing arbitral narrative--a counter-narrative of sorts--that examines the contexts in which arbitration
differs from adjudication because it aims to promote an alternative set of values beyond simply resolving disputes.
A wide variety of disputes are arbitrated in the UAE, but construction disputes continue to account for a lion's share of the arbitrations
in this jurisdiction.
These Supplementary Rules for Class Arbitrations
("Supplementary Rules") shall apply to any dispute arising out of an agreement that provides for arbitration
pursuant to any of the rules of the [AAA] where a party submits a dispute to arbitration
on behalf of or against a class or purported class, and shall supplement any other applicable AAA rules.
Since the adoption of the Federal Arbitration
Act, or FAA, in 1925, which encouraged the use of arbitrations
to resolve disputes, courts have consistently struck down attempts to limit the FAA's impact.
Summary: Mohamed Alem, Founding Partner and Mazen Ghosn, Senior Associate at the Dubai office of Alem & Associates, analyse the new Arbitration
Law and its impact on the financial services sector
Both arbitral tribunals and courts (through the president of the court) have the power to order interim and conservatory measures relating to ongoing or potential arbitrations
; the fact that the court has ordered such measures does not mean that the parties have waived their right to arbitrate
Depending on the provisions set forth in insurance policies and contracts, other options, such as mediation or arbitration
, may be available as an alternative to litigation.
Imagine the following scenario: After a contentious and hard-fought arbitration
, you successfully obtain an award against the adverse party.
This Article focuses on three specific areas where courts are distorting contract law by enforcing arbitration
clauses that likely would not be enforced under ordinary contract principles.
is a form of alternative dispute resolution where the parties, usually to a contract, agree to have a dispute heard before a private arbitration
forum and finally decided by a single arbitrator or panel of arbitrators instead of going to court to have their dispute heard publicly and decided by a judge and/or jury.