Arbitration is an alternative dispute resolution process i.e. it an alternative to the otherwise default jurisdiction of the courts. Fareya Azfar has profound experience of handling the most complex of the legal issues of the international arbitration laws. The firm represents private individuals and corporate bodies in matters of contractual disputes in the commercial, corporate, construction, and financial services spheres. Our arbitration specialist partner has handled over 150 arbitration cases from commencement till enforcement of awards.
Why disputes go to arbitration?
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.
Institutional and adhoc Arbitration
The firm has experience with the most sophisticated and globally respected arbitration institutions, including but not limited to the rules of the International Court of Arbitration (ICC), London Court of International Arbitration (LCIA), Dubai International Arbitration Centre (DIAC), and Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC)
If the arbitration agreement does not specify the institution whose rules will govern the arbitration, the arbitration is then conducted ad hoc meaning, by the parties themselves.
Parties administer the arbitration themselves and therefore need a lot more guidance and support in ensuring that the arbitration so conducted complies with the jurisdiction’s laws of arbitration.
The firm’s lawyers have arbitration expertise and experience in the jurisdictions of the United Arab Emirates, England & Wales, France, Belgium and the United States of America.