Categorising Remedies, Damages Expectation damages, reliance damages and restitution. Remedies and damages are legal solutions that can be sought by a party who has suffered harm or loss as a result of a breach of contract or other legal wrongdoing. Three main types of damages are expectation damages, reliance damages, and restitution. Expectation damages: Expectation …
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Challenge and Enforcement CHALLENGING THE ARBITRATION AWARD The international framework The UK (which comprises, England, Wales, Scotland and Northern Ireland) is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“the New York Convention”) and as a result will recognize and enforce awards made in other contracting …
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The Role of National Courts. The UAE Courts With the tremendous growth in international trade and investments, international commercial arbitration has become a frequently used mechanism to settle investment/trade/contractual dispute. Most people are of the opinion that resolution of dispute by litigation in court is time consuming and money consuming whereas arbitration may speed the …
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Establishment and Organisation of the Tribunal The establishment and organization of the tribunal is a crucial aspect of international commercial arbitration. The tribunal is responsible for resolving the dispute between the parties, and its composition and procedures can have a significant impact on the outcome of the arbitration. The following are some of the key …
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International Arbitration What Is International Arbitration? International arbitration is similar to domestic court litigation, but instead of taking place before a domestic court it takes place before private adjudicators known as arbitrators. It is a consensual, neutral, binding, private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings. The use of international arbitration has evolved to allow parties …
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The New Arbitration LawThe issuance of Federal Law No.6 of 2018, the new Arbitration Law The issuance of Federal Law No. 6 of 2018, the new Arbitration Law, is a long awaited and welcome development in the UAE. We expect that the new Arbitration Law will strengthen the UAE’s position as the preferred choice for …
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Litigation and Arbitration Litigation and arbitration serve as pivotal mechanisms for resolving disputes in legal contexts, offering structured processes to address conflicts efficiently and fairly. In litigation, parties present their cases before a court, where judges or juries adjudicate based on legal interpretations and evidence presented. This formal process adheres to procedural rules and judicial …
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