Arbitration & Reconciliation
Arbitration & Reconciliation Lawyers in Dubai
Are you involved in a legal dispute? If yes, you can resolve it outside-court using Alternative Dispute Resolution (ADR). At HHS Lawyers, we offer Arbitration & Reconciliation services in Dubai. Our accomplished Arbitration & Reconciliation Lawyers ensure expert solutions to amicably settle your disputes.
What is Arbitration and Reconciliation?
One of the kind of Alternative Dispute Resolution (ADR) is the Arbitration. It basically consists of unbiased third-party arbitrator(s). It helps in resolving the dispute between the parties outside the courts. In conciliation, however, parties are assisted so that they reach to a mutual agreeable solutions. Both methods are helpful as it helps in saving time, reduces costs, and maintained confidentiality for the parties involved.
Importance of Arbitration & Reconciliation Lawyers in Dubai
Having experienced Arbitration and reconciliation lawyer is very significant for several reasons. These are but not limited to the following:
- Cost-effective solutions: One of the main benefits of using ADR is that it is cost-effective. The cost of litigation in court is more than the cost of arbitration and reconciliation. The parties save time and money.
- Confidentiality: Arbitration and reconciliation are done through private procedures. Most cases held in court are public. This secrecy helps in protecting your personal information and the success of your business.
- Efficient settlement: In contrast with court procedures, the ADR services that include arbitration and reconciliation provide for a speedy settlement. For businessmen that have little time to devote to legal procedures, this happens to be very helpful.
- Relationship Preservation: Another favorable thing is seeking solutions appropriate for both parties. The preservation of personal and professional bonds can be supported by it.
Breakdown of Arbitration
There are a couple of things that needs to be understood with regard to arbitration. For people to grasp the idea of arbitration more, arbitration needs to be broken down into the procedures that usually takes place and people follow when they opt to avoid lengthy litigation and settle matters in arbitration.
Consent of Both Parties
For arbitration to happen, both parties need to approve of it. However, an arbitration clause can be inserted in a contract in the event that future disputes will happen.
The decision of the Parties on Arbitrators
Depending on the arbitration agreement or contract between the two parties that are involved, they can either decide to choose their own arbitrator or pass this concern to the courts that will then decide and choose for them which arbitrator will be best suited for the field in which the dispute is all about.
Neutrality in Arbitration
The parties can agree on which arbitrator they want or if the court should decide on that, the language that will be used in the arbitration, and even the venue of the arbitration. With this, the parties are allowed to ensure that no one will have the upper hand because of one specific element.
Confidentiality in Arbitration
The parties are allowed to keep any communication and disclosures to be protected with confidentiality. For their own personal reasons, the arbitration proceedings and anything with regard to the matter discussed and disclosed during the arbitration procedure will be kept confidential based on the agreement and terms of reference. Also, the result of the procedure or the award will only be made public if both parties agreed for it to be so.
Samples of Arbitration Cases
There are certain disputes or issues that cannot be resolved via arbitration. These are the disputes in which reconciliation is not possible to happen. However, since arbitration is a choice for people who do not necessarily want lengthy cases that could last for months or even years, there are a lot of disputes that can be settled in this type of alternative dispute resolution. Some of the instances where arbitration can be an option to resolve disputes are listed below. These are the cases that have previously been settled in an arbitration:
- Partnership dispute
- Claim against an auditor for alleged malpractice
- Employment dispute
- A dispute about a business agreement
- A dispute about the distribution of assets between two partners
HHS Lawyers and Legal Consultants Services: International Arbitration Lawyers in UAE
At HHS Lawyers in Dubai, custom services are made for specific needs of each and every individual. These services include:
- Arbitration Services: We handle cases of international and domestic arbitrations. Also, we ensure to work towards a fair and unbiased resolution.
- Reconciliation Services: we offer reconciliation service within the ambit of our alternative dispute resolution services. We have a dedicated team of arbitration lawyers who help with amicable settlement of dispute without the need of going to the court.
- Legal Consultation: To assist you comprehend your alternatives, we offer knowledgeable legal counsel. In the end, this will help you make wise choices.
- Drafting and Documentation: We also help our clients prepare the required agreements and paperwork. Making the resolution process easy and hassle-free is our goal.
Key Benefits of Arbitration & Reconciliation
- Speed: Arbitration and mediation are generally quicker than normal court processes.
- Flexibility: These offer more flexibility in scheduling and procedures.
- Expertise: The parties can appoint arbitrators with specific expertise on their dispute.
- Finality: Arbitration awards are binding and enforceable, hence providing a final resolution.
Frequently Asked Questions (FAQs)
Q1. What is the difference between arbitration and reconciliation?
In arbitration, a neutral third party also known as arbitrator decides after listening to the arguments of both parties. The decision passed by the arbitration is valid and can be enforceable in the court. Whereas, conciliation focuses on a mediator who assists communication and negotiation to help the parties come to a mutually agreed-upon decision.
Q2. How much time does arbitration take?
The duration of arbitration depends upon various factors in the UAE. These factors include how complex the case is, of course, depending on the effectiveness of the arbitral procedure. It normally lasts few months to one year. Generally speaking, it is quicker than the legal system itself and may contribute to solving the case faster and more effectively.
Q3. Is arbitration legally binding?
Yes, the decision passed by the arbitrator is legally binding and enforceable in the court. This means arbitrator’s decision is having the same effect of court decision. It is mandatory for the parties to comply with the decision.
Q4. Is it possible to choose my own arbitrator?
Yes, you can select an arbitrator of your choice within the United Arab Emirates. In any case, relating to an arbitration dispute, a qualified arbitrator skilled and expert in that particular area concerned might be selected by and/or between the parties to a dispute. This they might agree to do on their own or by applying regulations from an institution coordinating such a case.
Q5. How much does arbitration and reconciliation cost?
Arbitration and reconciliation fees can vary depending on the United Arab Emirates arbitration institution and complexity of the case. Arbitration costs include registration fees, tribunal fees, administrative fees and a lawyer fee which applies to the case. Under reconciliation, the costs are related to expert, the costs of registration and the settlement costs. Of course, all of these together are less expensive than traditional litigation methods.
Q6. How confidential is the arbitration process?
Arbitration is very confidential process. Wherein all the proceedings and decisions are not to be disclosed unless agreed by the parties.
