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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Main Author: Al-Ali, Bader Mohamed Abdullah Bosanan
Format: Thesis
Language:eng
eng
Published: 2022
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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spelling my-uum-etd.98962022-09-28T08:01:49Z The effectiveness of the UAE arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis 2022 Al-Ali, Bader Mohamed Abdullah Bosanan Md Nor, Mohd Zakhiri Dahaman Dahlan, Mohd Akram Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government K Law (General) 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 2022 Thesis https://etd.uum.edu.my/9896/ https://etd.uum.edu.my/9896/1/depositpermission_s825193.pdf text eng staffonly https://etd.uum.edu.my/9896/2/s825193_01.pdf text eng public other masters Universiti Utara Malaysia
institution Universiti Utara Malaysia
collection UUM ETD
language eng
eng
advisor Md Nor, Mohd Zakhiri
Dahaman Dahlan, Mohd Akram
topic K Law (General)
spellingShingle K Law (General)
Al-Ali, Bader Mohamed Abdullah Bosanan
The effectiveness of the UAE arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis
description 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
format Thesis
qualification_name other
qualification_level Master's degree
author Al-Ali, Bader Mohamed Abdullah Bosanan
author_facet Al-Ali, Bader Mohamed Abdullah Bosanan
author_sort Al-Ali, Bader Mohamed Abdullah Bosanan
title The effectiveness of the UAE arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis
title_short The effectiveness of the UAE arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis
title_full The effectiveness of the UAE arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis
title_fullStr The effectiveness of the UAE arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis
title_full_unstemmed The effectiveness of the UAE arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis
title_sort effectiveness of the uae arbitration law no. 6-2018 in preserving the legal rights of the disputing parties: a legal analysis
granting_institution Universiti Utara Malaysia
granting_department Ghazali Shafie Graduate School of Government
publishDate 2022
url https://etd.uum.edu.my/9896/1/depositpermission_s825193.pdf
https://etd.uum.edu.my/9896/2/s825193_01.pdf
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