Alternative Dispute Resolution in the UAE

The term Alternative Dispute Resolution (“ADR”) relates to the resolution of disputes outside of the court system. Everyone has the right to have their disputes decided by a judge in court, but parties may agree to a less formal (and often speedier) form of dispute resolution. This course aims to explain the various form of ADR, with particular reference to the position in the UAE.
We start with a brief explanation of the court system, where the clerk of the court may meet with the parties and attempt to bring them together and settle their dispute amicably. This is similar to the traditional Arab custom of settling disputes in the majlis.
We will then consider mediation, then adjudication, with particular reference to the provisions of the FIDIC contracts. There are Dispute Adjudication Boards (DABs), Dispute Avoidance/Adjudication Boards (BAABs), and plain adjudication.
We will also consider briefly less formal forms of ADR, including Expert Determination, Early Neutral Evaluation and Conciliation.
We will then consider arbitration under Federal Law No. 6 of 2018 on Arbitration, as amended. We will examine the DIAC Arbitration Rules. UAE courts take the view that court litigation is the normal venue for settling legal disputes and that arbitration is an exception to that and requires clear agreement by parties who have the legal capacity to make such an agreement.
By the end of the course, candidates should be in a good position to advise their clients.