The effectiveness of the UAE arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis
Arbitration is one of the options for resolving conflicts amicably, and it is also a viable alternative to the courts. As a result, modern legal systems have sought to develop a legal framework for arbitration that deals with reaching an agreement on it, outlines the types of disputes that can be br...
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| Format: | Thesis |
| Language: | eng eng |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://etd.uum.edu.my/9896/1/depositpermission_s825193.pdf https://etd.uum.edu.my/9896/2/s825193_01.pdf |
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| Summary: | Arbitration is one of the options for resolving conflicts amicably, and it is also a viable alternative to the courts. As a result, modern legal systems have sought to develop a legal framework for arbitration that deals with reaching an agreement on it, outlines the types of disputes that can be brought before it, and makes it easier to choose the procedural rules by which it operates. The United Arab Emirates (UAE), as sought to pass Federal Law No. 6 of 2018 on arbitration. However, it seems that the Federal Law No.6 of 2018 is not effective and adequate to preserve the rights of contracting parties. The objectives of this study are to (1) to study the legal framework for the arbitration framework in UAE, (2) to examine the efficacy and adequacy of Federal Law No.6 of 2018 for preserving the right of contracting parties in arbitration disputes (3) to make recommendations and suggestions to improve the efficacy of the law and arbitration framework in preserving the rights of contracting parties in UAE. This study engaged doctrinal legal research and library-based study. This study adopted contain analysis method. The data also be analyzed by using thematic and narrative methods. This research discovered that the Federal Law No 6 of 2018 is not effective and inadequate to protect the rights of contracting parties because that arbitration litigation because is subject to certain formal procedural limitations for judicial litigation and it is too rigid in UAE. The fundamental principles of litigation must be followed in arbitration cases. These fundamental concepts, which are an integral part of every litigation, must be observed by the arbitral tribunal in UAE. This research makes some suggestion and recommendation to improve the efficacy of the law and institutional framework of governmental functionaries in preserving the rights of contracting parties particularly UAE Arbitration framework |
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