Arbitration and Conciliation

Alternative Dispute Resolution (ADR) is a cost-effective and relatively less formal alternative to civil litigation. Our lawyers are highly skilled and experienced in this area of law. Mr. Abdul Rahman Al Sharif has more than 20 years’ experience in handling cases involving ADR issues and proceedings. He is an accepted Arbitrator with Abu Dhabi Arbitration Centre and GCC Arbitration Centre.
In ADR, the disputing parties themselves control the process by selecting their own judge. Generally, ADRis practised in two forms: Arbitration & Conciliation.
 

ARBITRATION

Arbitration is the most common form of Alternative Dispute Resolution (ADR). It results in a binding decision by an Arbitrator or panel of Arbitrators, whichcan be judicially enforced. Arbitration awards are subject to appeal or review only under certain specific circumstances.
Arbitration is less formal than court proceedings, thus can be more time-efficient and cost-effective. These attributes have made Arbitration a widely preferred method of resolving disputes, especially in international transactions.
 

CONCILIATION

In this form of ADR, the concerned parties mutually come to an acceptable decision. Conciliation involves a Conciliator selected by the concerned parties to arrange the Conciliation process. The Conciliator makes no decisions; his function is to assist the parties in understanding the dispute, provide structured discussion and to help the parties reach a unanimous decision regarding the settlement of the dispute. This form of ADR is well-suited for parties who prefer to preserve their relationship.
In general, our ADR practice includes, but is not limited to the following:
  • Stipulating in the contract or in a subsequent agreement (in writing) to refer to any dispute that might arise between the client and customers/ suppliers/employees to one or more Arbitrator
  • Making provisions in the contract or agreement, the procedure for submission of claims and that in the event of any claim, the customers/suppliers/employees cannot suspend their obligation under the contract and the Court and/or
  • arbitration proceedings can commence after the completion of the work
  • Drafting of the Arbitration Agreement
  • Acting as an Arbitrator or representing the client in arbitration proceedings


 
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