High-speed arbitration on its way
Dubai is looking at an alternative dispute resolution (ADR) system that would expedite the settlement of legal issues in the emirate.
According to UAE Minister of Justice, Dr Hadif bin Jauan Al Dhaheri, Dubai is currently studying the existing regulations of ADR and is looking at building a "proactive ADR culture".
Dr Hussam Talhuni, Director of? Dubai International Arbitration Centre, said under the proposed system, parties to a dispute will have the choice of mediators who were familiar with the subject in dispute. He said the centre aimed to set up a formal ADR mechanism in the next six to seven months.
"The judges themselves can be mediators if they have proper training at a level that is on par with professional mediators," he told Emirates Business on the sidelines of an ADR conference organised by Dubai Chamber and Dubai International Arbitration Centre.
"The mediators' role is to close the gap between the partners, eliminate the main differences between them and the emotional issues, and make them focus on the more substantial issues.
"Mediators can convince them to reach a settlement on these issues, and maybe each party may give up some part of their rights and claims, and accordingly sign a settlement," Talhuni said.
Hisham Al Shirawi, Second Vice Chairman of the Dubai Chamber, said ADR has become a favoured option for those who wish to resolve disputes outside the court in a "co-operative manner".
Describing the system as "the fastest means of settling disputes", he said it is gaining popularity with the business community as it helps create positive results and supports business growth.
Talhuni added that the current economic situation requires fast action from all parties to accelerate the process of economic reform, and one of the mechanisms to resolve trade disputes is by providing quick solutions, which will lead to a reduction in the number of court cases.
He said the ADR mechanism will create an atmosphere of trust in the business community. It will also provide both local and international investors confidence about the efficiency of the UAE courts in resolving commercial disputes quickly and at lower costs.
ADR, generally classified as negotiation, mediation, collaborative law or arbitration, includes dispute resolution processes and techniques that fall outside of the government judicial process.
The rising popularity of ADR is attributable to the perception that ADR imposes fewer costs than litigation, supports confidentiality, and enables the parties to have greater control over the selection of the individual or individuals who will decide their dispute.
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