Commercial Arbitration
An effective, confidential means of resolving corporate and commercial-contract disputes, away from the length and publicity of litigation. We represent companies, institutions and individuals and determine disputes before the major arbitration centres, with expertise that brings contracts, commercial-transactions law and arbitration to one table.
What Is Commercial Arbitration
A Flexible, Confidential Mechanism for Settling Business Disputes
Commercial arbitration is an alternative to litigation by which the parties to a commercial relationship agree to refer any dispute that may arise between them to an arbitral tribunal that issues a binding, enforceable award. The UAE’s economic and commercial growth and its expanding international trade have made including an arbitration clause in commercial contracts a necessity — to protect the parties, preserve their rights and accelerate the resolution of a dispute when it arises.
Arbitration grows more important in complex commercial disputes — such as corporate disputes, joint ventures (JV) and cross-border contracts — where general litigation struggles to offer the specialism, confidentiality and flexibility that arbitration provides. Commercial arbitration connects with construction arbitration and real-estate arbitration within one dispute-resolution system.
The Advantages
Why Traders and Companies Choose Arbitration
Features hard to secure in traditional litigation, making arbitration the preferred choice for business disputes:
Confidentiality
The details of the dispute, the parties’ names and its documents remain away from publicity, protecting commercial reputation and future relationships.
Choosing the specialist arbitrator
Freedom to choose an arbitrator with the technical and commercial expertise suited to the nature of the dispute, rather than referral to a general judge.
Wider time and faster resolution
More time allotted to study the file, with more flexible procedures that shorten the duration of the dispute compared with litigation.
International enforceability
Arbitral awards are recognised and enforced across borders under the applicable international frameworks, suiting international contracts.
Procedural flexibility
Freedom to agree the rules, language, seat and method of evidence, suiting the nature of the commercial relationship.
Preserving the relationship
Arbitration’s less adversarial character helps commercial relationships continue after the dispute is resolved.
“A well-drafted arbitration clause in your commercial contract is the first line of defence — it later decides where and how your dispute is resolved, and can spare you years of litigation.”
Who We Are
Expertise Combining Contracts, Commercial Legislation & Arbitration
We have built our experience in contracts of all kinds and in resolving disputes through arbitration, offering an integrated suite of arbitration services — commercial, engineering and real-estate — under the arbitration laws of the UAE and the Emirate of Dubai, as well as the rules of the major arbitration centres in the country and its tribunals.
We represent companies, institutions and individuals in commercial, construction, real-estate, corporate and cross-border disputes. Our services rest on precise knowledge of UAE legislation — including the Commercial Transactions Law, the Evidence Law, and the Arbitration Law and its proceedings before local and international centres — making us a trusted choice for those seeking a sole arbitrator or tribunal chairman in Dubai and the wider UAE.
Centres & rules we work under
DIAC – DubaiICCLCIAUNCITRALSharjah centreAjman centreRas Al KhaimahUAE arbitration laws
Coverage
Commercial Disputes We Handle
Our experience spans the most common commercial disputes in the UAE business environment:
Our Services
The Commercial Arbitration Services We Provide
An integrated system covering the commercial dispute cycle from drafting the arbitration clause to enforcing the award:
Representation in Local & International Arbitration
Representation before DIAC, ICC, LCIA and UNCITRAL, and before the arbitration centres in the Northern Emirates (Sharjah, Ajman and Ras Al Khaimah) and other major institutions.
Managing Arbitration-Related Actions Before the Courts
Following the supporting judicial proceedings — from interim and precautionary orders to actions for nullity, recognition and enforcement.
Alternative Dispute Resolution (ADR)
Alternative settlement services — mediation and negotiation — saving time and cost before or alongside arbitration.
Drafting & Reviewing Arbitration Clauses
Drafting and reviewing arbitration clauses and dispute-settlement agreements in commercial contracts to ensure their strength and avoid nullity or ambiguity.
Determination as Arbitrator
Appointment as sole arbitrator or tribunal chairman to run the proceedings and issue a reasoned, enforceable award.
Integrated Support Across Sectors
Support in commercial cases, corporate and joint-venture (JV) disputes, the government sector and cross-border disputes.
How It Proceeds
The Commercial Arbitration Stages — From the Clause to Enforcement
Six sequential stages take the dispute from the arbitration agreement to an enforceable award, respecting the right of defence, equality and the adversarial principle.
Reviewing/Drafting the Arbitration Clause
Verifying the validity and drafting of the arbitration clause, and determining the centre, rules, seat, language and number of arbitrators — or drafting the clause when preparing the commercial contract.
Filing the Request for Arbitration
Filing the request with the competent centre and the response, and defining the scope of the dispute and terms of reference.
Constituting the Tribunal
Appointing the sole arbitrator or the tribunal, ensuring independence and impartiality, and deciding any challenge.
Exchange of Memorials, Evidence & Hearings
Exchanging memorials, presenting documents and witness and expert evidence, and holding hearings — observing the right of defence, equality and the adversarial principle.
Issuing the Award
The tribunal deliberates and issues a reasoned award within the statutory period, stating the reasons for accepting or rejecting the evidence.
Recognition & Enforcement
Affixing the executory formula and recognising and enforcing the award before the competent authority within the UAE or across borders in international disputes.
About the Expert & Arbitrator
Mohamad Basel Al Najjar — Arbitrator & Accredited Expert
I work as a sole arbitrator and tribunal chairman in Dubai and the wider UAE, with experience combining contracts of all kinds, construction law, commercial legislation and arbitration. This blend of technical specialism and legal command allows the commercial dispute to be understood from its contractual basis through to its financial impact.
◆ Sole arbitrator, tribunal chairman and accredited expert.
◆ Experience in contracts of all kinds and in resolving disputes through arbitration.
◆ Conversant with the UAE Commercial Transactions, Evidence and Arbitration laws.
◆ Representing companies, institutions and individuals in commercial, construction, real-estate and cross-border disputes.
◆ Civil engineer and senior project manager.
Related services: Construction Arbitration · Real-Estate Arbitration · Mediation & Dispute Resolution.
Before You Begin
Questions That Recur Before Commercial Arbitration
How is a valid arbitration clause drafted in a commercial contract?
An ambiguous or deficient clause may be void or stall the proceedings; we fix the centre, rules, seat, language and number of arbitrators with tight drafting.
What is the difference between arbitration and going straight to the courts?
Arbitration excels through confidentiality, the choice of a specialist arbitrator, flexibility and international enforceability, against the features of general litigation before the courts.
What are the steps to enforce an arbitral award in the UAE?
From affixing the executory formula and recognising the award before the competent authority, through to enforcement within the country or across borders in international disputes.
Tell us the details of your case so we can guide you precisely. And if you are a party to a dispute and wish to resolve it by arbitration, do not hesitate to contact us.
Why Choose Us
What Sets Our Commercial Arbitration Services Apart
An arbitrator with commercial and technical command
Direct understanding of contracts and commercial relationships and of the technical and financial dimensions of the dispute.
Command of UAE legislation
Knowledge of the arbitration, evidence and commercial-transactions laws, and the rules of local and international centres.
Multi-sector coverage
Commercial, construction and real-estate arbitration, corporate and JV disputes, the government sector and cross-border disputes.
From the clause to enforcement
Continuous support that begins with drafting the arbitration clause and ends only with recognition and enforcement of the award.
Contact Us
Facing a Commercial Dispute?
Contact us for a specialist, confidential consultation — a preliminary assessment of the arbitration clause in your contract, the nature of the dispute, and the most suitable path to resolve it.
Note: This content is provided for general professional guidance only. It does not constitute binding legal advice in any live dispute, nor does it create a retainer. Each case is subject to the rules of the centre, the seat and the applicable law; verification of these in each engagement is recommended. Contact us to discuss your needs.
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