• Login
    View Item 
    •   BSpace Home
    • Faculty of Business & Law
    • Dissertations (Business & Law)
    • Dissertations for Construction Law in Dispute Resolution (CLDR)
    • View Item
    •   BSpace Home
    • Faculty of Business & Law
    • Dissertations (Business & Law)
    • Dissertations for Construction Law in Dispute Resolution (CLDR)
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    The Application of the Doctrines of Severability and Competence- Competence in the UAE

    Thumbnail
    View/Open
    110080.pdf (1.368Mb)
    Date
    2014-07
    Author
    ELBANA, MOHIEELDIN MOSAAD
    Metadata
    Show full item record
    Abstract
    Arbitration is considered one of the best options available to parties for resolving their disputes. Nowadays, courts strongly encourage arbitration, and thus, has been largely adopted locally and internationally. With that, this dissertation aims to determine whether, or not, the UAE arbitration practice in respect of the arbitral jurisdiction aligns with the international practice. In addition, this dissertation will also examine the importance and implications of Competence-Competence and severability doctrines under the UAE law. In-depth research has been done to answer these issues. This includes, without limitation, going through a series of reviews and gathering information from different sources such as journals, books, court judgments, awards, and articles. We discovered that there is an urgent need to introduce new global concepts within the effective legislation, including the competence-competence and severability concepts, to tackle the issue of who decides the jurisdiction of the tribunal and make sure that the arbitration agreement is not ineffective. This finding suggests that, in the UAE, these principles need to be applied in all cases except when there is a solid challenge to the basis of the arbitration such as when there are valid allegations that the party did not agree on the arbitration agreement. Therefore, we recommend forming an independent body, which can be in the form of a judicial committee (be it an independent circuit in local courts or linked with the technical office of the Minister of Justice or the Chairman of the court (the “Committee”)) to deal with the issues that negatively affect the continuation of the arbitral proceedings on summary basis. The role of this Committee shall be to facilitate the determination of cases and to support the parties’ autonomy. If the Committee finds a major reason that prevents the arbitral proceedings, as if the arbitration agreement was never formed or the dispute is not arbitrable, the case shall forthwith be referred to the competent court for determination, otherwise the matter shall be referred to the tribunal to continue the arbitral proceedings.
    URI
    https://bspace.buid.ac.ae/handle/1234/2060
    Collections
    • Dissertations for Construction Law in Dispute Resolution (CLDR)

    DSpace software copyright © 2002-2016  DuraSpace
    Contact Us | Send Feedback
    Theme by 
    Atmire NV
     

     

    Advanced Search

    BSpace Links

    Repository guidelinesFAQsContact Us

    Browse

    All of BSpaceCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    View Usage Statistics

    DSpace software copyright © 2002-2016  DuraSpace
    Contact Us | Send Feedback
    Theme by 
    Atmire NV