At Alya Almarzooqi Company, we provide comprehensive legal guidance in arbitration matters, helping clients understand the different forms of arbitration and their legal implications. Our team offers strategic advice to ensure that dispute resolution mechanisms are structured effectively and aligned with applicable laws and regulations. We assist individuals and businesses in navigating arbitration proceedings with clarity, confidence, and legal certainty.
Understanding the nature of the arbitration agreement and the degree of enforceability is essential when selecting the appropriate dispute resolution method. Arbitration is divided into the following types:
Binding Arbitration
In binding arbitration, the parties agree to appoint a sole arbitrator or an arbitral tribunal that issues a final and binding award. The arbitral award is enforceable and may only be challenged on limited grounds of nullity, such as violation of public policy or invalidity of the arbitration agreement. This type of arbitration ensures finality and legal certainty for disputing parties.
Arbitral Settlement Sessions
Arbitral settlement sessions are amicable proceedings conducted with the assistance of a neutral arbitrator. Their purpose is to bring the parties’ positions closer and facilitate resolution through a non-binding settlement recommendation. The recommendation becomes enforceable only if the parties sign a final agreement granting it binding legal effect.
Mandatory Arbitration
Mandatory arbitration is imposed by an explicit legal provision in certain disputes or arises from a contractual clause that prevents unilateral withdrawal once a dispute has arisen. This form of arbitration ensures that disputes are resolved through the agreed or legally prescribed arbitration mechanism.
At Alya Almarzooqi Company, we guide clients in selecting the most appropriate arbitration framework based on the nature of the dispute and the desired level of institutional involvement.
Institutional arbitration is administered through specialized arbitration centers such as the Dubai International Arbitration Centre (DIAC) or the Sharjah International Commercial Arbitration Centre. These institutions operate under established procedural rules that ensure efficiency, neutrality, and proper case administration.
Ad hoc arbitration is organized directly by the parties without institutional administration. While offering greater procedural flexibility, it remains subject to the provisions of the applicable Federal Law governing arbitration proceedings.
All arbitration procedures are conducted in full compliance with Federal Law No. (6) of 2018, ensuring fair, impartial, and expeditious resolution of civil and commercial disputes. At Alya Almarzooqi Company, we are committed to delivering strategic and practical arbitration solutions that safeguard our clients’ interests and uphold the highest standards of legal professionalism.