International Arbitration and Alternative Dispute Resolution (ADR) have been at the core of our practice since its inception. In the past ten years, Fareya Azfar has acted as counsel representative in over 200 arbitration and ADR proceedings in the UAE and in England – from inception through to resolution.
Fareya holds a prestigious leadership position within the arbitral community, serving as chair, co-chair, committee member and member of international arbitration institutions, she is one of the finest arbitration lawyers in the region.
Our core competencies include:
Clients come to us to draft enforceable jurisdiction clauses, multi-tier arbitration clauses, and alternative dispute resolution (ADR) clauses. Among our core competencies are:
If the arbitration agreement does not specify the institution whose rules will govern the arbitration, the arbitration is conducted ad hoc, meaning by the parties themselves. Parties administer the proceedings themselves and therefore need a lot more guidance and support in ensuring that the procedure complies with the mandatory laws of the seat of arbitration. When it comes to ad hoc arbitrations, we know the tactics and how to tackle them, we know the arbitrators and the laws of the most popular choice of seats, including, Dubai, Singapore, London, Paris and Geneva.
The firm has experience with the most sophisticated and globally respected arbitral institutions, including but not limited to the rules of:
The UNCITRAL Model Law is not itself enacted legislation, but a template that can be adapted by countries to the extent they desire. The Model Law as the name suggests is only a model, an exemplary set of arbitration law that the country is encouraged to adopt as the arbitration law of their country.
Disputes go to arbitration – to the exclusion of the courts – if the contracting parties have agreed to it, either under the main contract between them, or subsequently at the time of the occurrence of the dispute. There are several independent institutions in the world who administer and supervise the arbitration process according to the institution’s rules of arbitration. More often than not, an arbitration agreement will specify the institution which would govern the arbitration.
An escalated or multi-tiered dispute resolution clause will usually include pre-conditions to arbitration. Since the arbitrator’s jurisdiction comes from the arbitration agreement, if the contract stipulates that certain conditions must be met before the dispute may be submitted to arbitration, the arbitration agreement won’t be activated until those conditions have been met. It is imperative that the claimant proves that the conditions have been met, otherwise the notice of arbitration will be premature and the arbitral tribunal will lack jurisdiction.
An injunction is a court order requiring a party to do or prevent a specific action. We have represented clients in obtaining these orders and in resisting them.
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