History of Arbitration in the UAE:
The International arbitration within its modern concept was recognized at the beginning of the petroleum discoveries in the fiftieth of this century when the area started to witness its rapid economic growth. The concept of Arbitration emerged for the first time in the UAE concurrently with the establishment of Dubai Chamber of Commerce and Industry in 1965.
The committee for Conciliation and Arbitration was established at the Dubai Chamber of Commerce and Industry to be the first body that rendered arbitration services. However, the most prevailing method that was taken when looking into disputes was only conciliatory.
The Arbitration process commence by filing a petition to the federal courts on the basis of mutual consent or by submitting an arbitration agreement written independently or by nomination of arbitrators. In the absence of any governing procedures for the appointment of arbitrators, the court will appoint them.
Under this law, the venue of arbitration in required to be within the UAE. If not, the resultant award is treated like a foreign judgment.
Arbitration in the UAE now:
The United Arab Emirates has recently joined the United Nations 1958 New York convention on the Recognition and Enforcement of Foreign Arbitral Awards.
With the UAE, the Convention now has more than 138 signatory countries.
Before joining the convention, any arbitration awards made in the UAE could not be enforced abroad unless specific enforcement treaties between the countries existed.
Now, and after joining the convention, foreign awards could be widely enforced.
This is a significant move that would help the UAE stand out as the hub of International Business in the region since arbitration is the becoming the most common method of dispute resolution.
Arbitration and Dispute Resolution Department at Al Shaali & Co.
Al Shaali & Co. has dedicated a separate department for handling arbitration and law suits resolutions of different nature.
This deparment prides itself in having Dr. Hamza Hadad and Dr. Osama Al Nashef, who have had successful results litigating and acting as arbitrators in major cases and in different jurisdictions.
Both Dr. Hadad and Dr. Nashef are members of the Dubai Board of Trustees Center for Arbitration. They also hold memberships in many international institutions for Arbitration and Dispute Resolutions.