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Appointing Arbitrators in Dubai

Appointing Arbitrators in Dubai

Updated on Tuesday 19th April 2016

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Appointing-arbitrators-in-DubaiArbitration in Dubai falls under the regulations of the UAE Civil Law. The Dubai International Arbitration Centre (DIAC) is the main authority handling arbitration procedures in the Emirate and was established through a different law: DIFC Arbitration Law No. 1 of 2008, as it is located in the Dubai International Financial Center (DIFC). Arbitration proceedings in Dubai are conducted in accordance with the institution handling the case. The DIFC Arbitration Centre is independent of the other Dubai courts, but its decisions can be overruled by the local courts or by the DIAC.

Our lawyers in Dubai can provide with more information about the Arbitration Law in the UAE.

Arbitrators in Dubai

The Dubai legislation does not impose a certain number of arbitrators; however, the number must be odd if there is more than one arbitrator. The Dubai arbitrator must also fulfill the following requirements:

  • -          must be an adult,
  • -          must be legally able to conduct the proceedings,
  • -          must not have a criminal record,
  • -          must not be bankrupt.

The most important characteristics of the arbitrator must be impartiality and independency.

How are arbitrators appointed in Dubai?

In most cases the arbitration court will usually provide the litigant parties with a list of arbitrators. The parties are free to decide and agree on the appointment of arbitrators in Dubai. If the parties cannot reach an agreement, the court can appoint them. The arbitrators are also required to confirm in writing the appointment.

Arbitrators cannot be removed unless the parties agree with their dismissal. However, arbitrators can be removed if they have neglected their duties with respect to the arbitration agreement.

The arbitrators’ powers in Dubai

The arbitrator has procedural powers which are determined based on the arbitration agreement. Among these powers are:

  • -          conducting hearings,
  • -          requesting the disclosure of information,
  • -          taking evidence,
  • -          calling experts.

With respect to disclosure of information, parties must first agree with this proceeding taking place and they can also decide on the rules of disclosure.

If you need legal assistance in arbitration matters, you can contact our law firm in Dubai. Our lawyers can also assist you in other type of litigation cases in Dubai.

 

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