Practice

International Arbitration

Fareya Azfar has built a long-standing reputation for her deep knowledge and demonstrated results in the field of arbitration.

Our arbitration practice is one of the most experienced and extensive in the country. With our creative, strategic thinking, meticulous preparation, and effective advocacy, we are a force to reckon with.

We have deep experience handling disputes in the energy, mining, construction, financial services, hospitality, shipping, real estate and oil and gas sectors.

Arbitration lawyers are members of the world’s leading arbitration institutions and are active within the various international organizations that promote knowledge and understanding of international arbitration, including the International Bar Association,  the International Chamber of Commerce, the London Court of International Arbitration and the International Law Association.

Our lawyers are active members of international arbitration committees, groups and institutions. They know the approach and mindset of all prominent arbitrators; practitioners who act in arbitrations; and the experts regularly appointed by them.

We combine our strategic prowess, the creativity of analysis, intercultural awareness and deep understanding of arbitration dynamics.

Global knowledge and experience

In addition to pure ad hoc arbitrations and arbitrations under the rules of the United Nations Commission on International Trade Law (UNCITRAL), our lawyers have knowledge of almost every aspect, minor, complex, routine or rare institutional rules.  The International Arbitration group’s lawyers have appeared before many of the world’s leading arbitrators and work with all major arbitral institutions and rules, including:

  • International Court of Arbitration of the International Chamber of Commerce (ICC)
  • Hong Kong International Arbitration Centre (HKIAC)
  • London Court of International Arbitration (LCIA)
  • Dubai International Arbitration Centre.
  • Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC).
  • Rules of the United Nations Commission on International Trade Law (UNCITRAL)
  • Swiss Rules
  • Singapore International Arbitration Centre (SIAC)
  • Court of Arbitration for Sport (CAS)
We advise and draft:
  • Draft Arbitration agreements, including multi-tiered arbitration agreements, including adjudication and mediation
  • Advice and draft the types of disputes arising out of the contract that shall be within the arbitrator’s jurisdiction and those that shall not
  • Advice on the seat of arbitration according to the laws of that country, particularly the mandatory procedural and 
enforcement laws; and the level intervention of courts, issues of public policy and arbitrability issues
  • Advise on the number and qualifications of arbitrators
  • Advise on the set of institutional rules to choose
The entirety of the Process and Cycle of Arbitration
  • navigating and adhere to condition precedents and escalation clauses.
  • The whole arbitration process from the onset till enforcement
  • Satisfy multi-tier arbitration pre-conditions prior to proceeding with arbitration
  • Advice on selection of arbitrators;
  • Designing and putting forward a bespoke procedure and timetable,
  • Raising and
    defending jurisdictional objections;
  • Adhere to institutional rules and procedural laws of the seat of arbitration;
  • deal with party-appointed and tribunal-appointed experts,
  • full-length proceedings and representation
  • dealings with issues of costs,
  • settlements and enforcing settlement awards.
  • Advice and handle the right to seek court intervention at needful stages during proceedings.

    About Arbitration

    Arbitration is an alternative to conventional litigation in the courts, whereby a dispute is submitted to one or more neutral arbitrators for a final and binding determination.

    Arbitration awards are then submitted to a court for entry as a binding judgment.

    Arbitration is a dynamic tool and is the elusive art of flexibility, advocacy, relationships, and the creative application of clients’ and lawyers’ combined genius.

    Special Strength

    The depth of knowledge and expertise on issues pertaining to multi-jurisdictional arbitration laws, rules and procedures; always advising spot on in respect of issues relating to admissibility,
    jurisdictions, conditions precedent, enforcement; and other practical and procedural issues, that can only be acquired with immense practical experience.

    Our lawyers have over 10 years of litigation and arbitration experience in the United Arab Emirates.

    We have successfully represented clients in over 200 arbitration cases, 300 litigations concluded several hundred out of court settlements.

    Matter List

    lead advisor and co-counsel representing minority shareholder of a BVI joint venture in a corporate dispute regarding the operation of investments in Pakistan (applicable law: UAE, rules: DIAC, seat: Dubai, value: USD 470m).

    an ICC arbitration representing an oil and gas development joint venture in relation to

    an EPC dispute involving the construction of a private-infrastructure project to support oil exploration

    operations in Abu Dhabi (value USD 318m, applicable law: UAE, rules; ICC Court of Arbitration seat: Abu Dhabi).

    a shipping company in the DIFC Courts to enforce two English Court orders issued under section 66 of the Arbitration Act 1996 (applicable law: English, seat, London, value: USD 150.2 million).

    Al-Ain public institution as lead counsel in an ICC arbitration involving a dispute over the consultancy services provided for the construction, supervision and Estidama/LEED ratings of a Zoo in Al-Ain (applicable law UAE, seat: Abu Dhabi, value: AED 99m).

    advising a Water and Waste Treatment Plant manufacturer to nullify an ad hoc arbitration award (applicable law: UAE, seat: Abu Dhabi, value: AED 68m).