BUSINESS LAW

Jurisdictional Limits in Arbitration: Can Tribunals Award Relief Not Explicitly Claimed by the parties?

Introduction Whether an arbitral tribunal may grant relief that a party has not expressly requested is a recurring issue in arbitration. It raises important questions about the limits of arbitral jurisdiction, the scope of party autonomy, and the enforceability of arbitral awards under UAE law. While tribunals must remain within the boundaries of the claims […]
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Are Unilateral Arbitration Clauses Valid in the UAE? A Recent Dubai Court Ruling Explained

Introduction Unilateral arbitration clauses, provisions that allow only one party to choose arbitration while restricting the other to court litigation, have long been debated in international commercial practice. While some jurisdictions uphold such clauses as a matter of contractual freedom, others view them as imbalanced and contrary to procedural fairness. Recent developments in the UAE, […]
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Pathological Clauses in Arbitration: A Comparative Study of the UAE and India

Introduction Pathological arbitration clauses are those that are poorly drafted, ambiguous, contradictory, or unworkable and pose significant challenges in international commercial arbitration. These clauses often lead to disputes over jurisdiction, delays in proceedings, and even the invalidation of the arbitration agreement itself. Both the UAE and India, as rapidly developing arbitration jurisdictions, have faced recurring […]
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Off Plan Escrow Accounts in Dubai: How Your Money Is Protected

Overview Dubai’s off‑plan property market continues to attract investors from around the world, offering flexible payment plans, attractive pricing, and strong long‑term returns. But with any off‑plan purchase, buyers naturally worry about the safety of their money, especially when construction is still underway. To address these concerns, Dubai introduced a robust escrow system designed to […]
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