22 Muharram 1447 - 18 July 2025
    
Sign-up for newsletter
Eye of Dubai
Business & Money | Tuesday 11 February, 2025 3:01 pm |
Share:

The Art of Settling Disputes in Dubai: A Civilised Alternative to Courtroom Theatrics

Legal disputes, like family gatherings, have a way of getting out of hand. One minute it’s a polite debate about contractual terms; the next it’s a full blown courtroom drama complete with legalese, mountains of paperwork and the inevitable realisation that no one – not even the ultimate “winner” – emerges unscathed.

 

But in Dubai, a city that thrives on efficiency and order, the wise have learned to avoid the drawn out tedium of litigation in favour of something altogether more discreet, more refined: arbitration. A word that, in the right circles, is whispered with the same reverence as an invitation to a private members’ club, where only the initiated know the secret password.

 

Arbitration: The Quiet Power of an Elegant Solution

Arbitration is, for the uninitiated, essentially litigation in a silk dressing gown. Rather than go public with a court battle, parties agree to resolve their disputes behind closed doors with a neutral third party – an arbitrator – delivering a final and binding decision. This is not, as one might imagine, an informal chat over coffee but a structured, legally recognised process governed by the UAE Arbitration Law (Federal Law No. 6 of 2018).

 

This law, drafted with the precision of a Swiss watchmaker, brings the UAE in line with international arbitration standards, so disputes can be resolved quickly, fairly and with minimal fuss. It’s big with those who dislike public scrutiny – businesses, high net worth individuals and anyone who doesn’t post on LinkedIn without running it by their legal team.

 

And in this world of behind the scenes problem solving, one often needs expert guidance. Enter the law firm Rubert and Partners and their special talent for navigating the labyrinth of arbitration law. They don’t, to the best of my knowledge, wear powdered wigs but their expertise in the area is beyond question.

 

The Joys of Arbitration: Why It’s Better than Courtroom Combat

The appeal of arbitration lies in its many advantages which only get better with age. Firstly, it’s confidential. Unlike traditional court cases which are often treated as a public spectacle by those with too much time on their hands, arbitration is private. There will be no journalists lurking in the shadows, no headlines, no rival executives poring over the details of one’s legal woes.

 

And it’s flexible. Unlike the rigidity of the court process, arbitration allows parties to choose their own arbitrators – individuals who, ideally, have expertise in the subject matter. So instead of explaining commercial real estate to a judge who last dealt with property law in the 1980s, one can present one’s case to someone who actually knows what they’re talking about. A game changer, really.

 

And then there’s speed. Court cases can drag on for years, piling up costs and stress in equal measure. Arbitration is generally faster, so both parties can move on with their lives before their legal fees become the GDP of a small country.

 

And then there’s the small but important issue of enforceability. Because the UAE is a member of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (a title that was clearly named by a committee), arbitration awards in Dubai are recognised and enforced in over 160 countries. So one doesn’t have to worry about an uncooperative opponent skipping town and conveniently “forgetting” their legal obligations.

 

How Arbitration Works (For Those Who Like a Step-by-Step Guide)

For those who like structure, the arbitration process goes like this:

 

Agreement to Arbitrate – Either written into a contract from the outset or agreed upon after a dispute arises, this is when both parties agree they’d rather not go to court.

 

Selection of Arbitrators – The parties choose their arbitrator(s), so their fate isn’t left to a complete stranger who has a bad habit of taking an eternity to deliberate.

 

Preliminary Meeting – The rules of engagement are set, like the opening act of a well-rehearsed play.

 

Submission of Claims and Evidence – Each party gets to present their case, hopefully as clearly and concisely as a Shakespearean soliloquy.

 

Hearings – Both sides get to argue their points in a civil and non-dramatic way.

 

Deliberation and Award – The arbitrator makes their decision and that’s it.

 

Enforcement (If Necessary) – If the losing party is being stubborn, the winner may need to enforce the decision through the proper channels.

 

Is Arbitration Always the Answer?

Of course, it’s not entirely honest to say arbitration has no downsides. While it’s faster than litigation, it’s not cheap. Arbitrator fees, venue fees and legal representation costs can add up, especially in high value cases. And while the finality of an arbitration award is generally a blessing, it can also be a curse - there’s no real right of appeal, so once a decision is made, you have to live with it, no matter how unpalatable it may be.

 

And then there’s the small issue of enforcement. While the UAE has a great record of recognising and enforcing arbitral awards, not all jurisdictions are as cooperative. If a party’s assets are located in a country that takes a more, shall we say, “interpretative” approach to international law, enforcing an arbitration award can be a waiting game.

 

The Civilised Option

In the grand scheme of legal disputes, arbitration is the sophisticated option. It’s not for those who enjoy the theatre of a courtroom battle, nor for those who thrive on long legal wars. It’s for the practical, the private and the time-sensitive—those who know that in business and in life the best victories are often the ones no one hears about.

 

So if you find yourself in a legal dispute in Dubai, remember there is another way—no courtrooms, no delays, no unnecessary public scrutiny. A quiet resolution, expertly handled, with all the dignity and efficiency of the modern world. A world where disputes are settled not with big words but with a well crafted agreement.

 

Share:
Print
Post Your Comment
ADD TO EYE OF Dubai
RELATED NEWS
MOST POPULAR