Date of Award

11-9-2017

Degree Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Department

Law

First Advisor

Beth Farmer

Abstract

The process of arbitration in the UAE is at a crossroads, having reached the point at which it could be used as a tool to elevate the way in which adjudication works in the UAE, or as a tool to funnel disputes into the courts. This study presents arguments in favor of deploying arbitration to improve adjudication, and against having it become simply a method for channeling disputes into the courts. It emphasizes the importance of having both systems in place, coexisting and working together to reach the common goal of providing adjudicatory relief to individuals. Finally, this paper emphasizes the importance of using arbitration in non-commercial disputes, and discusses how it can ease the load on the courts.

This work illuminates certain court practices that affect the manner in which arbitration disputes are funneled into the courts and seeks ways to streamline this process. This dissertation also highlights various issues that have complicated the use of arbitration in the UAE, and emphasizes the importance of solving these issues before the full-scale use of arbitration is promoted.

Chapter Two examines the courts' views on arbitration, and how these views directly influence the court's decisions. Chapter Tree considers exceptions to the courts' views of arbitration. Chapter Four examines certain decisions made by the various civil circuit courts in the UAE and highlights the problems that continue to complicate the use of arbitration. Finally, Chapter Five proposes a working solution for these problems.

Arbitration is no longer a tool used exclusively by commercial parties; therefore, the solution proposed in this stud (while it might also affect commercial parties) is meant to encourage the use of arbitration by non-commercial parties.

Available for download on Sunday, April 12, 2020

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