6 Challenges That Arbitration Lawyers Face In The UAE

Legal work in the UAE often involves different systems and expectations. Lawyers handling arbitration matters manage a range of tasks that vary by case type, industry, or contract. While arbitration is widely used, several factors make the process demanding. Arbitration lawyers in the UAE often approach each challenge with careful planning and knowledge of both local and international rules.

Complex legal frameworks:

Arbitration in the UAE is governed by a mix of local laws and international standards, such as the Federal Arbitration Law. For arbitration lawyers in UAE, knowing these complex legal frameworks can be challenging, especially when dealing with cases that involve international parties. Balancing local legal requirements with global norms involves deep knowledge of both the UAE legal system and international arbitration practices.

Balancing local and international laws:

Many arbitration cases involve parties from different countries. Lawyers must deal with both UAE laws and international arbitration rules, such as those from the ICC or UNCITRAL. Balancing these frameworks takes clear communication and precision to avoid misunderstandings during the process.

Language and document clarity:

Legal documents are often submitted in English or Arabic. Ensuring accurate translation without changing meaning is essential. Misinterpretation may affect the progress or outcome of a case. Lawyers regularly review translated materials to ensure clarity and accuracy for all parties.

Timeframe management:

Some cases take longer due to procedural delays, missing documents, or scheduling issues. Lawyers often monitor timelines closely and maintain communication between parties to keep the case on track. Delays in arbitration may also affect business decisions or contract performance.

Complex contract terms:

Contracts used in arbitration are not always straightforward. Some contain terms that are open to different interpretations. Lawyers must review such clauses with care and consider how they might be read by arbitrators. This task is especially common in construction or investment-related cases.

Limited local precedents:

Unlike courts, arbitration decisions are usually private. As a result, lawyers do not always have access to past outcomes for guidance. This may make it harder to predict how similar matters have been handled before. Lawyers often rely on experience and legal commentary to form their strategy.

Recognition and enforcement of awards:

Once an arbitration award is issued, it may still face challenges in enforcement. Local courts might review procedural matters before allowing enforcement. Lawyers often take steps to ensure that the arbitration followed proper process to reduce the risk of refusal or delay during this stage.