Arbitration Lawyer in the UAE for ICC, DIAC & International Arbitration
Dr. Abdalla Bin Yarouf Advocates & Legal Consultants offers legal representation and consultancy in arbitration matters in the UAE, including ICC and DIAC arbitration and international commercial disputes.
Our arbitration practice encompasses commercial, construction, engineering, real estate and other contractual disputes from the commencement of arbitration through pleadings, evidence, hearings and arbitral awards, including proceedings in relation to the recognition and enforcement of awards in the UAE.
UAE Arbitration Lawyers for Commercial, Construction and International Disputes
We represent companies, investors, contractors, employers and other parties in arbitration disputes in connection with commercial contracts and cross-border transactions.
Our practice includes construction and engineering disputes, commercial, contractual, payment, delay, performance claims, real estate disputes, and other complex commercial matters, both in the United Arab Emirates and international arbitrations.
- Commercial and contractual disputes
- Construction and engineering arbitration
- Real estate and property disputes
- Payment and contractual claims
- Delay and performance disputes
- Cross-border commercial disputes
ICC Arbitration Lawyers in the UAE
Our arbitration lawyers advise and represent clients in the context of ICC arbitration proceedings in which at least one of the parties is resident in the UAE or in connection with international business disputes.
We assist in relation to the commencement and management of ICC arbitrations, including the Request for Arbitration, Answer, constitution of the arbitral tribunal, case management and procedural submissions, document production, witness and expert evidence, hearings, and post-hearing submissions.
Where applicable, we also advise on procedural matters arising under the ICC Arbitration Rules including the recognition and enforcement of arbitral awards in the UAE.
DIAC Arbitration Lawyers in Dubai and the UAE
Our arbitration lawyers advise and represent clients in DIAC arbitration proceedings in Dubai and the UAE including commercial, construction, engineering, real estate and contractual disputes.
We assist clients throughout the arbitration process under the applicable DIAC Arbitration Rules including commencement of proceedings, constitution of the arbitral tribunal, written submissions, document production, witness and expert evidence, hearings, and post-hearing submissions
also advise on arbitral awards and the procedures for their recognition and enforcement, where applicable.
DIAC Commercial Arbitration
We advise and represent companies, shareholders, investors and other parties in DIAC arbitrations arising from commercial and contractual disputes, including payment claims, breach of contract, termination, shareholder and joint venture disputes.
DIAC Construction and Engineering Arbitration
Our practice includes DIAC disputes arising from construction and engineering contracts, including claims concerning delays, variations, defects, payment, extensions of time, performance obligations and contractual damages.
DIAC Arbitration Claims and Defence
We help Claimants and Respondents to prepare and present DIAC arbitration claims and defences, including statements of case, counterclaims, documentary evidence, witness evidence, expert evidence and procedural submissions.
DIAC Arbitral Awards and Enforcement
We also advise on matters arising after the issue of DIAC arbitral awards, including challenges to awards and procedures for recognition and enforcement of DIAC arbitral awards in the UAE.
International Arbitration Lawyers for Cross-Border Disputes
We advise and represent UAE-based and international clients in cross-border arbitration disputes relating to parties, contracts or transactions connected to different jurisdictions.
We handle international commercial arbitration, contractual disputes, construction and engineering claims, investment and business disputes as well as proceedings relating to UAE-seated or foreign-seated arbitrations subject to the applicable arbitration agreement and procedural rules.
International Commercial Arbitration
We represent businesses and investors in international commercial disputes arising from cross-border contracts, transactions, joint ventures, distribution arrangements and other commercial relationships.
Cross-Border Contract Disputes
We advise on disputes involving international contracts, contractual breaches, termination, payment obligations, damages and other issues arising from cross-border commercial relationships.
Construction and Engineering Arbitration
We handle international construction and engineering disputes involving contractors, employers, suppliers and project stakeholders, including claims relating to delay, defects, variations, performance and payment.
UAE-Seated and Foreign-Seated Arbitration
We advise clients on arbitration proceedings seated in the UAE and on matters relating to arbitration in other jurisdictions, including issues concerning the applicable law to arbitration proceedings, as well as the recognition or enforcement of arbitration awards in the UAE.
Construction and Engineering Arbitration in the UAE
We represent employers, contractors, subcontractors, engineers, suppliers and other project stakeholders in connection with construction and engineering arbitration disputes in the UAE and in international proceedings relating to UAE projects or parties.
Our work covers disputes arising out of FIDIC, EPC and other construction contracts including claims concerning delay, extensions of time, variations, defects, payment, performance, termination and contractual damages.
FIDIC and EPC Arbitration Disputes
We provide advice on arbitration disputes relating to FIDIC, EPC and other construction and engineering contracts, including disputes concerning contractual interpretation, variations, delay, extensions of time, payment, performance and termination.
Construction Delay and Extension of Time Claims
We have extensive experience in relation to disputes concerning construction delay and extension of time claims, including disruption, prolongation and related contractual matters.
We represent clients in arbitrations concerning the apportionment of responsibility for delay and associated losses.
Construction Defects, Payment and Performance Claims
We also have expertise in relation to disputes concerning construction defects, payment and valuation, as well as issues concerning performance, specifications, testing and completion of works and other construction-related claims.
Construction Arbitration and Contractual Damages
We provide advice on construction arbitration and related claims for contractual damages and other remedies that may be due under a construction contract.
Our construction lawyers consider the contractual provisions, applicable law and the evidence available in any arbitration in order to advise on the prospects of any claim for damages for breach of contract.
Arbitration Proceedings: From Commencement to Final Award
Our arbitration lawyers can assist you with matters concerning arbitration proceedings.
We offer a range of services from assessing the arbitration agreement and initiating arbitration proceedings, through to preparing documentary, witness and expert evidence, claims and defences, attending hearings and dealing with issues post award.
The process will depend on the applicable institutional rules, arbitration agreement, seat of arbitration and directions of the arbitral tribunal.
Commencing an Arbitration and Establishing Jurisdiction
The early stages of an arbitration often involves a review of the arbitration agreement, the applicable institutional rules, jurisdictional issues and preparation of the Request for Arbitration or other initiating submission.
We help our clients identify the contractual and procedural basis upon which a claim or a defence could be founded and address issues pertaining to the scope and validity of the arbitration agreement.
Claims, Defence, Counterclaims and Evidence
Once arbitration has been initiated, the parties submit memorials relating to their claims and/or defences in accordance with the procedural timeline and directions of the arbitral tribunal.
Depending on the type of dispute, such memorials may include a Statement of Claim, Statement of Defence, Counterclaim, Defence to Counterclaim, Reply and Rejoinder if permissible.
We assist our clients in formulating and submitting the factual, contractual and legal grounds upon which they rely in support of their claims or defences in arbitration.
We also prepare the documentary evidence and other materials in support thereof. In addition, arbitration often involves preparation of witness statements, expert evidence and proofing of disclosure or other evidentiary issues.
Our lawyers advise Claimants and Respondents in arbitration on all aspects of the dispute and assist in responding to memorials submitted by the opposing party.
We also help our clients address liability, damages, issues of jurisdiction and any other procedural or substantive matters raised during arbitration proceedings.
Arbitration Hearings, Witnesses and Expert Evidence
Following the stages of written submissions and evidence, the arbitral tribunal may hold one or more hearings (either oral or video conference), as appropriate to the procedural framework governing the arbitration, and the directions of the tribunal.
We represent and advise clients in relation to arbitration hearings and submissions, and deal with any necessary or reasonable examination and cross-examination of factual witnesses and expert witnesses, and any questions of the arbitral tribunal.
Where appropriate, we handle any submissions on the issues of liability, damages, jurisdiction and other matters.
Arbitral Award and Post-Hearing Submissions
Following the evidentiary and hearing procedures, the arbitral tribunal takes into account the parties’ submissions and evidence and issues the arbitral award.
At the arbitral tribunal’s request, the parties may submit further written submissions in relation to the issues identified by the tribunal.
An arbitral award may concern, inter alia, jurisdiction, findings of fact, applicable law, parties’ liabilities, damages and other remedies, allocation of the costs of arbitration and any other matters within the jurisdiction of the tribunal.
We can assist our clients in reviewing and dealing with arbitral awards and advise on the further legal and procedural steps to be taken, including issues relating to recognition, enforcement or any challenge or annulment proceedings.
Recognition and Enforcement of Arbitration Awards in the UAE
Our services include advising clients on recognition and enforcement of arbitral awards in the UAE including awards seated in the UAE and awards seated elsewhere.
For arbitrations subject to the UAE Arbitration Law, the applicable framework includes Federal Law No. 6 of 2018 Concerning Arbitration. Recognition and enforcement requirements may vary depending on the seat of arbitration, the applicable law, and whether the award is issued in the UAE or in another jurisdiction.
In this regard, we can assist in reviewing the award and supporting documents, considering applicable procedure for recognition and enforcement, and advising on the steps necessary before the relevant UAE court.
Depending on the nature of the arbitration and the seat, as well as applicable law and the requirements of the relevant court, the procedure for enforcement of awards against assets located in the UAE may vary.
For awards enforceable outside the UAE, the procedure will depend on the law of the relevant jurisdiction and the international treaties to which they are party.
We also provide counsel on subsequent steps following an arbitral award, including applicable procedures for recognition, enforcement and challenging awards, if applicable.
Phase of Arbitration
Case Initiation
Evidence Phase
Hearing Stage
Post-Award
Key Responsibility of Arbitration Lawyer
Drafting Notice of Arbitration
Document Production & Discovery
Oral Advocacy & Cross-Examination
Enforcement & Compliance
Strategic Goal
Establishing Jurisdiction
Building a Factual Foundation
Persuading the Tribunal
Securing Final Resolution
Procedural Errors and Jurisdictional Challenges
Arbitration proceedings may raise procedural or jurisdictional issues which may impact conduct of the arbitration or validity and enforceability of an arbitral award.
Such issues may arise in relation to validity or scope of the arbitration agreement, arbitration tribunal’s jurisdiction, compliance with applicable arbitration rules and procedural directions and other procedural arbitration issues.
Our arbitration lawyers advise and assist with raising jurisdictional objections, procedural applications and submissions concerning conduct of the arbitration, with regard to the arbitration agreement, applicable arbitration rules, seat of arbitration and directions of the arbitral tribunal.
The Risk of Ineffective Arbitral Awards
An arbitral award may be subject to challenges or enforcement issues depending, among other factors, on the applicable law, the seat of the arbitration, the arbitration agreement and the procedural circumstances of the case.
Our arbitration lawyers advise clients on procedural and jurisdictional issues which may impact the recognition or enforcement of an arbitral award. Recognizing such issues during the arbitration may assist in identifying the appropriate procedural steps and preserving the parties’ rights with respect to the award.
If an award is to be recognized or enforced in the UAE or another jurisdiction, the relevant legal requirements and procedures should be taken into consideration in light of the relevant arbitration framework, the seat of and the circumstances of the award.
The role may include assessing the arbitration agreement, commencing or responding to arbitration, addressing jurisdictional and procedural issues, preparing claims and defences, managing documentary and expert evidence, representing clients at hearings, and advising on arbitral awards and their recognition and enforcement.
In addition, the arbitration agreement determines whether a party may seek remedies directly from the court or go through arbitration.
Arbitration agreements are found in commercial, construction, engineering, real estate, and international disputes. It is advisable to consult an arbitration lawyer to determine the most appropriate arbitration for a particular dispute as well as help with taking or defending arbitration proceedings.
construction and engineering disputes, real estate and property disputes, disputes over payments and contracts, disputes over delays and performance, and cross-border commercial disputes.
The arbitration proceedings may be administered by an institution (ICC, DIAC etc.) or held in the UAE or another jurisdiction.
The appropriate arbitration framework depends on the arbitration agreement, applicable rules, the seat of arbitration and the circumstances of the dispute. An arbitration lawyer can advise on the applicable procedure and assist with the case from the beginning through the final award and, where applicable, recognition and enforcement.
Our arbitration lawyers can assist you in disputes that are brought in the UAE or in foreign seats of arbitration, including international commercial arbitration disputes, arbitration of contracts and construction, and related issues.
In addition, an arbitration lawyer may advise on the award and its enforcement, depending on the rules selected by the parties and applicable in the seat of arbitration, and the directions of the arbitral tribunal.
The approach appropriate depends on the terms of the contract, the arbitration agreement, the applicable arbitration rules, the seat of arbitration and the circumstances of the dispute.
Our arbitration lawyers can assist with jurisdictional objections, procedural applications and related submissions, with regard to the arbitration agreement, arbitration rules applicable to the arbitration, the seat of arbitration and directions of the tribunal.
The procedure may vary depending on whether the arbitration award was issued in UAE-seated or foreign-seated arbitration and the specific awards’ circumstances.
It is equally important for the company to evaluate jurisdictional and procedural issues and the evidence that it intends to rely upon. An arbitration lawyer can guide the company through arbitration-related issues and take it through the appropriate steps for initiating arbitration
It can include developing the factual and legal case, preparing submissions in writing, reviewing documentary evidence, coordinating witness and expert evidence, presenting the party’s position in the course of arbitration proceedings.
The appropriate approach will depend on the relevant arbitration rules and the directions of the arbitral tribunal.
We offer advice and representation in cross-border disputes and matters involving both UAE-seated and foreign-seated arbitration.