The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law
This dissertation examines the frequency of pre-arbitration procedural mechanisms used in construction contracts in the UAE and their influence on the effectiveness of the arbitration process. Although these methods are designed to improve efficiency, they frequently result in more conflicts, result...
محفوظ في:
| المؤلف الرئيسي: | |
|---|---|
| منشور في: |
2023
|
| الموضوعات: | |
| الوصول للمادة أونلاين: | https://bspace.buid.ac.ae/handle/1234/2663 |
| الوسوم: |
إضافة وسم
لا توجد وسوم, كن أول من يضع وسما على هذه التسجيلة!
|
| _version_ | 1862980612813488129 |
|---|---|
| author | ATEEM, SHADY SHERIF |
| author_facet | ATEEM, SHADY SHERIF |
| author_role | author |
| dc.contributor.none.fl_str_mv | Professor Aymen Masadah |
| dc.creator.none.fl_str_mv | ATEEM, SHADY SHERIF |
| dc.date.none.fl_str_mv | 2023-11 2024-07-24T11:59:08Z 2024-07-24T11:59:08Z |
| dc.format.none.fl_str_mv | application/pdf |
| dc.identifier.none.fl_str_mv | 110157 https://bspace.buid.ac.ae/handle/1234/2663 |
| dc.language.none.fl_str_mv | en |
| dc.publisher.none.fl_str_mv | The British University in Dubai (BUiD) |
| dc.subject.none.fl_str_mv | admissibility, jurisdiction, condition precedent, construction, disputes |
| dc.title.none.fl_str_mv | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law |
| dc.type.none.fl_str_mv | Dissertation |
| description | This dissertation examines the frequency of pre-arbitration procedural mechanisms used in construction contracts in the UAE and their influence on the effectiveness of the arbitration process. Although these methods are designed to improve efficiency, they frequently result in more conflicts, resulting in a complicated legal environment that lacks a definitive structure under UAE law. Legal practitioners and courts have utilised various approaches to interpret these clauses, leading to ambiguity. This research examines a recent significant judgement from the Dubai Court of Cassation which focuses on differentiating between admissibility and jurisdiction, in line with established international practises. This study proposes implementing contractual modifications to enhance the clarity of drafting, ensuring that parties strictly adhere to procedural requirements, and introducing legal provisions to regulate admissibility and jurisdiction. Furthermore, it is important to take into account the rules of institutional arbitration and the authority given to tribunals to suspend proceedings. Potential areas for further research involve investigating the relevant legislation regarding pre-arbitration prerequisites and analysing how they compare to laws governing the validity of arbitration agreements. The paper proposes further examination of the persistence of pre-arbitration circumstances after the termination of a contract, specifically focusing on the distinctiveness of the arbitration agreement. In essence, improving and simplifying pre-arbitration procedures can promote peaceful resolution of conflicts in accordance with international and UAE court practises |
| id | budr_dd5dcb006965cc167d83e9467f0c2b75 |
| identifier_str_mv | 110157 |
| language_invalid_str_mv | en |
| network_acronym_str | budr |
| network_name_str | The British University in Dubai repository |
| oai_identifier_str | oai:bspace.buid.ac.ae:1234/2663 |
| publishDate | 2023 |
| publisher.none.fl_str_mv | The British University in Dubai (BUiD) |
| repository.mail.fl_str_mv | |
| repository.name.fl_str_mv | |
| repository_id_str | |
| spelling | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE LawATEEM, SHADY SHERIFadmissibility, jurisdiction, condition precedent, construction, disputesThis dissertation examines the frequency of pre-arbitration procedural mechanisms used in construction contracts in the UAE and their influence on the effectiveness of the arbitration process. Although these methods are designed to improve efficiency, they frequently result in more conflicts, resulting in a complicated legal environment that lacks a definitive structure under UAE law. Legal practitioners and courts have utilised various approaches to interpret these clauses, leading to ambiguity. This research examines a recent significant judgement from the Dubai Court of Cassation which focuses on differentiating between admissibility and jurisdiction, in line with established international practises. This study proposes implementing contractual modifications to enhance the clarity of drafting, ensuring that parties strictly adhere to procedural requirements, and introducing legal provisions to regulate admissibility and jurisdiction. Furthermore, it is important to take into account the rules of institutional arbitration and the authority given to tribunals to suspend proceedings. Potential areas for further research involve investigating the relevant legislation regarding pre-arbitration prerequisites and analysing how they compare to laws governing the validity of arbitration agreements. The paper proposes further examination of the persistence of pre-arbitration circumstances after the termination of a contract, specifically focusing on the distinctiveness of the arbitration agreement. In essence, improving and simplifying pre-arbitration procedures can promote peaceful resolution of conflicts in accordance with international and UAE court practisesThe British University in Dubai (BUiD)Professor Aymen Masadah2024-07-24T11:59:08Z2024-07-24T11:59:08Z2023-11Dissertationapplication/pdf110157https://bspace.buid.ac.ae/handle/1234/2663enoai:bspace.buid.ac.ae:1234/26632024-07-24T23:00:38Z |
| spellingShingle | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law ATEEM, SHADY SHERIF admissibility, jurisdiction, condition precedent, construction, disputes |
| title | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law |
| title_full | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law |
| title_fullStr | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law |
| title_full_unstemmed | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law |
| title_short | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law |
| title_sort | The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law |
| topic | admissibility, jurisdiction, condition precedent, construction, disputes |
| url | https://bspace.buid.ac.ae/handle/1234/2663 |