This is one of the four types of alternative dispute resolution. Arbitration is about settling issues and problems without bringing them to the courts. Because of the stress and expense that will be spent on litigation, it is advisable to resolve cases in arbitration, which is a less formal procedure, that takes place in arbitral tribunal.
In this process, a professional arbitrator is a neutral third party who will serve as a judge and decide on the matter that the dispute is about. This individual will oversee everything and ensure that there is proper communication between the two parties. The parties can choose an expert in the field that the dispute is about for them to be sure that the matter will be decided fairly and practically based on proper and correct objectives of the certain field.
The arbitration process involves each side presenting their issue to the arbitrator in advance by use of a written memorandum allowing the arbitrator to comprehend it and after put their case with some rules of evidence once proceedings commence. The arbitral awards are generally binding and considered to be fair since expertise involves in decision making.
Breakdown of Arbitration
There are a couple of things that need 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 that 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 in 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 that reconciliation is not possible to happen. However, since arbitration is a choice for people who do not necessarily want lengthy cases that could 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 that 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: Arbitration Lawyers in UAE
Being one of the leading law firms in the country, HHS Lawyers and Legal Consultants holds a team of arbitration lawyers in Dubai, UAE that serves businesses and individuals with quality. We have international arbitration attorneys that can handle your cases for the purpose of amicable settlement, removing any hassle on your part.
We have a vibrant ability in the process of handling cases of arbitration supported by the complete set of resources and through experiences that we have gained through handling large and complicated disputes, confronting individuals and businesses around the world. Our deep and diverse practice accentuates us from the rest and has delivered the best to our clients by the use of invaluable insights, winning strategies, and power of arguments.
Our helping hand will guide you through the step-by-step procedure of arbitration, ensuring that you know your rights and proper advice has been given to you.
We are privileged to have represented many clients in arbitration cases in diverse sectors around the globe. With a robust network in most part of the world and a team of committed lawyers with a high degree of expertise and experience in wide range of sectors, clients are seamlessly served in real time and around the clock.