Can You Challenge Arbitration Awards in Sharjah?

The issues about the agreement entailed the invalid agreement, un-enforceable agreement, subject matter beyond the scope of the arbitration, violation of public policy. Whereas, the grounds related to the proceedings include the inadequate composition of the arbitral tribunal, a tribunal not authorized to issue an award. Failure to determine the dispute, the party’s lack of agreement.

Failure to abide by arbitration rules and regulations can be a reason too. The lawyers in Sharjah are well-aware of the fact that there can be certain complications in the legal procedures. Moreover, they are always available in the UAE for your legal help and assistance. 

Reasons to Challenge Arbitration 

Below are some common reasons for challenging arbitration awards in the UAE. 

·         Capacity to Sign the Agreement

The legal capacity is the ability of an individual to agree and conclude to be a party to the arbitration. Lacking such status would result in the annulment of the award. Court of Cassation in 164/2008 and similar other cases opined that the manager of a Limited Liability Company has full authority to carry out the functions of the company. Thus, holds the right to enter into the arbitration.

·         Defects in Arbitral Award

Previously under Article 212(5) of the Civil Procedure Law, it was obligated that the award shall be signed by the arbitrators. Accordingly, the signature of just the chairman would not suffice the requirement. In case the matter is presented by a tribunal of numerous arbitrators with the help of lawyers in Sharjah. 

This is by the Court of Cassation case 233/2007 where the court held the award void, due to the formal defect in the award.

·         Matter Opposing the Public Policy

The Dubai Court of Cassation lately held that the public policy is not the only ground for challenging the arbitral award. Because earlier Article 216 of the civil procedure code did not proclaim public order as a ground for challenging the award. To this effect, the rules regarding public order as mentioned under Article 3 of the Civil Transactions Code albeit imperative. 

It should not be considered for setting aside the award. This, however, a very restrictive approach towards the definition of public policy and does not make a part of international public policy.

To Finalize

Hence, if you see any ambiguities in the arbitration awards given, you can seek legal help. The lawyers in Sharjah are there for your legal support and help. Moreover, they provide their services in Ajman, Abu Dhabi, Dubai, and Fujairah too.

Comments

Post a Comment

Popular posts from this blog

Need to Hire an Insolvency Lawyer in Sharjah

If you’re considering undergoing the process of insolvency or bankruptcy, then you need to hire an experienced insolvency lawyers in Sharjah to guide you through the whole procedure. They have credible expertise and vast knowledge in this regard. Moreover, they can save your time as well as energy when you are involved in a legal case. They know how to keep you updated about all the advancements in the case as well as the rule of the law. Need to Hire Below are some requirements for which you need an insolvency lawyer. You need to know them so that you can handle the legal matters. Moreover, it is suggested to take help from a legal assistant so that you can stay out of any further troubles. ·          Reduction of Debts Hiring an insolvency lawyer even before you are made to undergo mandatory liquidation in UAE can help in successfully eliminate debt. Reports have shown that businesses that don’t consult with experts have lower success in getting out of debt. In comparison
Read more

Cost to Register Intellectual Property in the UAE

  Regulatory Costs of registering intellectual property will vary depending on the country where an application is filed. In addition to that, it depends on the invention’s complexity as well. The lawyers in Sharjah helps you recognize the true value of the intellectual property and prepare you to invest in securing ownership. Costs to Acquire Intellectual Property Rights Below are some common costs are known to acquire the rights of intellectual property. ·          Application Cost An application cost is payable when filing for registration of intellectual property. Different fees will be charged for the different intellectual property depending upon the nature of the intellectual property. Moreover, it depends on the location that the user wants to register. ·          Cost of Maintenance The governing authorities of intellectual property may require the applicant to file an intent to use a statement. A Statement of Use is simply a declaration from the applicant that th
Read more

Penalties for Spreading Rumors in the UAE

As per lawyers in Sharjah , there are strict punishments for spreading rumors in the UAE. One should know them before putting their hands in such troubles. It would be difficult if you indulge yourself in it. Specific Provisions   Specific provisions of the law impose the following sanctions. You need to know them before you take any legal action. ·          Article 24 of Federal Law No. 5 of 2012   This was punished by imprisonment and a fine between 500,000 UAE dirhams and one million UAE dirhams. Whoever establishes, administers, and runs a website or publishes on a computer network. Or any method of information technology online content promoting rioting, hatred, racism, sectarianism, etc. ·          Article 28 of Federal Law No. 5 of 2012 This was imposed imprisonment and a fine not to exceed one million UAE dirhams. Whoever establishes, manages, or runs a website or uses information on a computer network. Or any means of information technology to transmit information,
Read more