ABOUT
Strategic Arbitration Legal Services for Commercial and Business Disputes
When a commercial dispute threatens your business, the choice of dispute resolution forum can have a significant impact on the cost, time, confidentiality and outcome of the matter.
Ayesha Al Dhaheri Advocates & Legal Consultants provides arbitration and alternative dispute resolution services to businesses, investors and individuals involved in disputes in Dubai and across the UAE.
Our legal team assists clients with arbitration-related matters including arbitration agreements, arbitration proceedings, tribunal-related matters, evidence and submissions, hearings, arbitral awards and related enforcement proceedings.
We provide arbitration services and advise clients on dispute resolution strategies suited to the circumstances of their matter.
Facing an arbitration dispute or reviewing an arbitration clause?
SERVICES
Our Arbitration Services
Drafting and reviewing arbitration clauses
Arbitration strategy and
legal advice
Representation in Institutional and Ad hoc arbitration proceedings
Commercial arbitration
Construction and infrastructure disputes
Real estate disputes
Shareholder and joint venture disputes
Technology and IT-related contractual disputes
Intellectual property-related contractual disputes
Maritime, shipping, energy and oil and gas disputes
Arbitrator selection and tribunal-related matters
Preparation of statements of claim and defense
Review and presentation of documentary evidence
Expert evidence
Arbitration hearings and procedural matters
Arbitration award enforcement support
Advice regarding challenging arbitral awards
Mediation and settlement strategies alongside arbitration
WHY
WHY US
Experience Before Major Arbitral Institutions
Dubai International Arbitration Centre
The Dubai International Arbitration Centre (DIAC) is one of the leading arbitral institutions in the UAE. DIAC administers domestic and international arbitration proceedings and provides institutional support for the efficient resolution of commercial disputes.
Abu Dhabi International Arbitration Centre
Abu Dhabi International Arbitration Centre (Arbitrate AD) is a premier international dispute resolution Centre in the UAE which was established to provide high quality and efficient alternate dispute resolution services. It administers arbitration proceedings under its own Arbitration Rules and acts as an appointing authority in proceedings conducted under the UNCITRAL Rules.
Abu Dhabi Global Market (ADGM)
ADGM provides a modern pro-arbitration legal framework based on the UNCITRAL Model Law. The ADGM Arbitration Centre supports arbitration and mediation proceedings through modern state-of-the-art technology and hearing facilities.
DIFC Courts -
Arbitration
The DIFC courts have a specialized arbitration division, which is dedicated to handling arbitration related matters in court including applications for interim and injunctive relief and matters relating to the recognition and enforcement of arbitral awards. Our lawyers assist clients in navigating the judicial proceedings in relation to domestic and international arbitrations.
Discuss Your Arbitration Matters
difference
Arbitration vs Court Litigation in the UAE
| ASPECT | Traditional Court Litigation | Arbitration |
|---|---|---|
|
Governing Law |
Governed by UAE civil, commercial and federal laws. |
Generally governed by Federal Law No. 6 of 2018 and procedural rules laid down by the relevant institutions. |
|
Language & Representation |
Arabic is the official court language; UAE-licensed lawyers generally represent parties. |
Parties have greater flexibility regarding language and representation. |
|
Time & Procedure |
Generally more time-consuming and procedural. |
Generally faster and more flexible. |
|
Cost |
Court fees are based on the claim value. |
Includes arbitrator and institutional fees; cost-effective for high-value claims. |
|
Confidentiality |
Court proceedings and judgments are generally public. |
Proceedings are private and generally confidential. |
|
Party Autonomy |
Limited due to fixed procedural rules. |
Greater flexibility to agree on procedural matters. |
|
Procedural Flexibility |
Parties must follow prescribed court procedures. |
Procedure can generally be tailored to the dispute by agreement. |
FAQ
Frequently Asked Questions
Arbitration may offer several practical advantages compared to traditional litigation, depending on the circumstances of the dispute.
Confidentiality
Businesses may prefer a private dispute resolution process where commercially sensitive information, contractual documents, financial information or technical information is involved. Confidentiality can be particularly important for companies that want to protect sensitive business information during a dispute.
Specialist Decision Makers
Arbitration may allow parties to select arbitrators with relevant legal, commercial or technical knowledge, subject to the applicable rules and appointment requirements. This can be particularly useful in technically complex disputes such as construction, engineering, energy or specialist commercial matters.
Procedural Flexibility
Arbitration generally provides greater scope for the parties and tribunal to determine procedural arrangements within the limits of the applicable law and arbitration rules.
Choice of Language
The parties may agree on the language of arbitration subject to the applicable legal and procedural framework. This can be particularly useful for international businesses operating in the UAE.
Cross-Border Disputes
Arbitration is frequently used in commercial relationships involving parties from different countries. The UAE’s arbitration framework provides for arbitration within the UAE and addresses circumstances involving international arbitration.
Limited Review of an Arbitral Award
An arbitral award is not generally subjected to appeal on merits of the case like court judgements or orders. Arbitral awards can only be set aside under specific conditions that are prescribed under the statute. This makes it important to obtain legal advice before starting proceedings or responding to an arbitration claim.
Contact Ayesha Al Dhaheri Advocates & Legal Consultants in Dubai to discuss your arbitration matter.
Ayesha Al Dhaheri Advocates & Legal Consultants
Office No. 308, 3rd Floor, ACICO Business Park, Port Saeed, Deira, Dubai
Tel: +971 4 269 7998
Mobile: +971 50 361 4467
Email: info@ayshamslaw.com
Institutional Arbitration
Institutional arbitration is conducted by a recognised arbitration institution under its own rules and procedures. The institution provides administrative support and may appoint arbitrators if the parties cannot agree, but it may involve higher costs and less flexibility.
Ad Hoc Arbitration
Ad hoc arbitration is conducted without an administering institution, giving the parties greater autonomy and flexibility over the procedure. It may involve lower costs, but the parties and arbitrators bear the administrative burden and there may be a greater risk of delays.
Contact Ayesha Al Dhaheri Advocates & Legal Consultants in Dubai to discuss your arbitration matter.
Ayesha Al Dhaheri Advocates & Legal Consultants
Office No. 308, 3rd Floor, ACICO Business Park, Port Saeed, Deira, Dubai
Tel: +971 4 269 7998
Mobile: +971 50 361 4467
Email: info@ayshamslaw.com
Arbitration can be relevant to a broad range of disputes where the parties have a valid arbitration agreement and the dispute is arbitrable.
Construction Arbitration
Construction disputes can involve substantial financial and technical disputes. Our arbitration services may assist with disputes involving:
- Contractor and subcontractor claims
- Project delays
- Payment disputes
- Contractual obligations
- Variations and claims
- Defective work allegations
- Technical issues
- Project-related commercial disputes
Commercial Arbitration
Commercial disputes can arise from different kinds of contracts and business relationships. These may include disputes involving breach of the following documents:
- Supply agreements
- Distribution agreements
- Service contracts
- Payment obligations
- Contract termination
- Business transactions
- Other Commercial contracts
Our lawyers can assess the arbitration agreement and the underlying contractual relationship before advising on the appropriate course of action.
Real Estate and Property Disputes
Certain contractual disputes involving real estate and property may be referred to arbitration where the applicable legal requirements are satisfied. These disputes can involve:
- Development agreements
- Property contracts
- Commercial arrangements
- Contractual payment disputes
- Construction-related property claims
Technology and IT Disputes
Technology contracts can contain complex contractual, technical and commercial obligations. Arbitration may be relevant to disputes concerning:
- IT service agreements
- Technology contracts
- Licensing arrangements
Intellectual Property-Related Disputes
Certain contractual disputes concerning intellectual property may be suitable for arbitration.
Maritime, Shipping, Energy and Oil & Gas Disputes
Commercial relationships in maritime, shipping, energy and oil and gas sectors can involve technically complex contracts and significant financial interests. Where a valid arbitration agreement exists and the dispute is arbitrable, arbitration may provide a structured mechanism for resolving the dispute.
Contact Ayesha Al Dhaheri Advocates & Legal Consultants in Dubai to discuss your arbitration matter.
Ayesha Al Dhaheri Advocates & Legal Consultants
Office No. 308, 3rd Floor, ACICO Business Park, Port Saeed, Deira, Dubai
Tel: +971 4 269 7998
Mobile: +971 50 361 4467
Email: info@ayshamslaw.com
An arbitration clause can determine how a future dispute will be handled.
A poorly drafted or unclear arbitration clause may create unnecessary procedural disputes before the underlying commercial dispute can be properly addressed.
The arbitration clause forms the backbone of the arbitration mechanism agreed upon by the parties. If the clause lacks clarity, it may be used by either party to create procedural obstacles and delay the dispute resolution process.
An arbitration clause in a contract should specifically mention the following:
- It should mention that an arbitration can only be initiated after the parties attempted to reach an amicable settlement, either orally or in writing.
- It should clearly mention the seat of arbitration that is which laws would be followed.
- The venue also should be mentioned that is where the arbitration will happen that is the physical location.
- The language in which it should be conducted, and the number of arbitrators are also preferred to be mentioned.
Our lawyers can review existing arbitration clause or assist with drafting an arbitration agreement appropriate to the contractual relationship.
Contact Ayesha Al Dhaheri Advocates & Legal Consultants in Dubai to discuss your arbitration matter.
Ayesha Al Dhaheri Advocates & Legal Consultants
Office No. 308, 3rd Floor, ACICO Business Park, Port Saeed, Deira, Dubai
Tel: +971 4 269 7998
Mobile: +971 50 361 4467
Email: info@ayshamslaw.com
Ayesha Al Dhaheri Advocates & Legal Consultants is based in Dubai and provides legal services to clients across the UAE. The firm’s published profile indicates that it handles matters across and provides legal advice and representation in a range of practice areas.
Arbitration and Alternative Dispute Resolution
The firm identifies arbitration and mediation as areas of its legal practice and provides arbitration services.
Commercially Focused Advice
The firm’s approach to dispute resolution takes into account that litigation may not always be the most suitable option. Resolving disputes through alternative mechanisms can help protect commercial relationships and reduce unnecessary time and resources.
Experienced Legal Professionals
The firm comprises a team of experienced lawyers who have handled various types of arbitration matters under the leadership of Adv. Shamsudeen Abdul Kharim, who has more than 23 years of experience in arbitration.
Contact Ayesha Al Dhaheri Advocates & Legal Consultants in Dubai to discuss your arbitration matter.
Ayesha Al Dhaheri Advocates & Legal Consultants
Office No. 308, 3rd Floor, ACICO Business Park, Port Saeed, Deira, Dubai
Tel: +971 4 269 7998
Mobile: +971 50 361 4467
Email: info@ayshamslaw.com
You should consider obtaining legal advice early if:
- You have received a notice of arbitration.
- Your company wants to commence arbitration.
- You are reviewing a commercial contract containing an arbitration clause.
- You are negotiating an international agreement that comprises of an arbitration clause.
- You are concerned about an unclear arbitration clause.
- You need advice about selecting an arbitrator.
- You have received an arbitral award.
- You need advice regarding enforcement of an award.
- You are considering settlement or mediation before arbitration.
Early legal advice can help identify jurisdictional, contractual, evidentiary and procedural issues before they become more difficult to address.
Contact Ayesha Al Dhaheri Advocates & Legal Consultants in Dubai to discuss your arbitration matter.
Ayesha Al Dhaheri Advocates & Legal Consultants
Office No. 308, 3rd Floor, ACICO Business Park, Port Saeed, Deira, Dubai
Tel: +971 4 269 7998
Mobile: +971 50 361 4467
Email: info@ayshamslaw.com
Arbitration involves substantial tribunal and administrative costs. Businesses should assess the likely costs and procedural requirements before commencing arbitration.
Contact Ayesha Al Dhaheri Advocates & Legal Consultants in Dubai to discuss your arbitration matter.
Ayesha Al Dhaheri Advocates & Legal Consultants
Office No. 308, 3rd Floor, ACICO Business Park, Port Saeed, Deira, Dubai
Tel: +971 4 269 7998
Mobile: +971 50 361 4467
Email: info@ayshamslaw.com
Arbitration disputes can involve significant financial, contractual and commercial consequences. The earlier the legal and procedural issues are assessed, the better positioned you may be to determine an appropriate strategy. Whether you are considering arbitration, responding to a claim, reviewing an arbitration clause or dealing with an arbitral award, our legal team can assess your circumstances and explain the available legal options.
Contact Ayesha Al Dhaheri Advocates & Legal Consultants in Dubai to discuss your arbitration matter.
Ayesha Al Dhaheri Advocates & Legal Consultants
Office No. 308, 3rd Floor, ACICO Business Park, Port Saeed, Deira, Dubai
Tel: +971 4 269 7998
Mobile: +971 50 361 4467
Email: info@ayshamslaw.com