Terms of Reference Role under the UAE Arbitration Law
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Date
2015-03
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The British University in Dubai (BUiD)
Abstract
This dissertation analyses the terms of reference under the UAE Arbitration laws. The critical evaluation study will focus on the legal characteristics and role of the terms of reference. In addition to such review analysis, a comparative review analysis of the terms of reference under French and Egyptian arbitration Law is also considered.
The focal point of this dissertation is the ambiguity surrounding the terms of reference under the UAE Arbitration laws and the uncertainty this creates in arbitration proceedings with a seat in the UAE, where the procedural law is UAE law, and/or where the recognition and enforcement of an award is ultimately sought in the UAE.
This dissertation analyses a main question on the nature of the terms of reference, the arbitration devise refer into in the International Chamber of Commerce Rule in Paris. nature of the is whether arbitration deed - refer to in the UAE law translation available in the UAE market - is consider as terms of reference, the arbitration devise refer into in the International Chamber of Commerce Rule in Paris
This dissertation addresses the key ambiguities of “terms of reference” under the UAE arbitration law.. The key ambiguities identified are:-
a. UAE arbitration law lack of reference to terms of reference: whilst Dubai International Arbitration Center refers to such terms in its translation of UAE procedural law articles 203 and 217, the UAE procedural law itself makes no such reference.
b. Arbitration participants use of the terminology terms of reference : the terms ‘arbitration deed/instrument’ is used by participant’s interchangeably with the “terms of reference” wording.
c. English translation differences: the terminology ‘wathiaqt altahkim’ referred to in the UAE procedural law in articles 203 and 217 has two translations. The first is ‘arbitration deed/instrument’ adopted by the market translation of the UAE procedural law and the second is ‘terms of reference’ adopted by the UAE and Arab leading arbitration centre, Dubai International Arbitration Center.
Finally, this dissertation produces in its annexure a suggestion of terms of reference sample in order to ensure a safe, effective and with smooth arbitration proceeding.
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Keywords
arbitration law, United Arab Emirates (UAE), law