The Role of Arbitrator in Arbitration Process
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Date
2022-11
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The British University in Dubai (BUiD)
Abstract
The judiciary is considered one of the pillars of the state’s balance, as it achieves justice among members of society through the correct application of the laws and legislation in force in the state, and due to the spread of arbitration as an alternative dispute resolution method, I have chosen in this thesis to shed the light on the role of the arbitrator in the arbitration process and the extent to which this role affects the success of the arbitration process as the arbitrator plays the role of the judge in the arbitration process.
And since there is a great demand for arbitration now as an alternative method for resolving disputes because of its benefits that have been widely accepted by companies and individuals, because it is easier and faster than the judicial authority, in addition to the principle of complete confidentiality during arbitration procedures and the lower costs of arbitration compared to the judicial authority. Therefore, light was shed on the procedures followed by the parties in the event of resorting to arbitration in accordance with international arbitration laws and the laws of the United Arab Emirates, starting with choosing the correct conditions for the arbitration clauses, passing through the selection of the arbitrator or arbitration committee, the text of the arbitration agreement, and the criteria for the final agreement to ensure access to the issuance of a valid final arbitral award is binding on both parties. The focus was on what are the behaviors that the arbitrator must follow during his consideration of the arbitration case.
This thesis included a discussion of the various jurisprudential opinions regarding the erroneous decisions and procedures committed by the arbitrators in the various types of arbitration, which led to the nullification of the arbitral award, the analysis of legal texts that approved the role of the arbitrator, explicitly or implicitly, and the presentation of the relevant judicial decisions.
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Keywords
impartiality, independence, arbitration, arbitrator, United Arab Emirates (UAE)