Litigation, Arbitration and Mediation
Legal proceedings, filing lawsuits, court hearings i.e. litigation can sometimes be a long-drawn running into weeks, months and expensive for all parties in terms of time, money and energy. Besides that, the process can put an undue burden on all parties, including the UAE judicial system. Sometimes, the best outcome can be achieved with a reasonable and practical dialogue.
Al Gharib Law Firm offers clients in disputes several options. They can file a lawsuit in court (litigation), or pursue alternative dispute resolution (ADR) method such as arbitration, mediation or conciliation. Therefore, agreements and contracts include provisions for dispute solving alternatives. By resorting to the same, our clients save valuable time spent in court proceedings.
The UAE has alternate dispute resolution, particularly, arbitration with the presence of Dubai International Arbitration Centre (DIAC) and DIFC-London Court of International Arbitration (DIFC-LCIA). To help investors resolve their disputes, certain government departments (e.g. Dubai Department of Economic Development) have started mediating its members’ disputes. The Small Claims Tribunal attached to the DIFC permits parties to choose its jurisdiction to resolve their disputes.
Our advocates are experienced in the assessment of each case. Based on the contracts and policies, we draft the dispute resolution clauses in conformity with their interests and circumstances. Depending on the claims asserted, where the parties reside, we help clients resolve a dispute in the most cost-effective way. The court procedures governing litigation are formalized and cases heard by a UAE government appointed judge.
Al Gharib Law Firm offers clients arbitration, mediation and conciliation services.
Over the past 15 years, Al Gharib Law Firm has helped clients with litigation, arbitration and conciliation building a solid reputation for reliable, high quality, cost effective representation.
In our Arbitration practice, we offer a private method in which the parties select the ‘arbitrator’ following a process agreed upon by the parties.
Arbitration is faster, less expensive, and more confidential than litigation. It’s like the court process or trial as parties provide testimony, but less formal.
Compared to litigation, however, parties in arbitration have fewer options to appeal an arbitration if they disagree with it.
Al Gharib offers mediation for cases where arbitration may not be appropriate. It is an informal and confidential way done with the help of a neutral, objective third-party — i.e. a ‘mediator’. The mediator does not decide who is right or wrong, or issue a decision. Instead, we help find a mutually agreeable solution. If parties are unable to resolve, they can then seek recourse through litigation or arbitration.
Before filing a case, whether it is civil, labour or personal status, the UAE’s court system facilitates mediation through committees. These committees solve disputes amicably and reduce the burden of judicial fees.
If that’s not possible, the litigating party can apply for a ‘No objection’ letter from the relevant mediation committee and submit a statement of claim to the relevant court. Then, the case is filed to be seen by the judge in the respective Court of First Instance.
Similarly, we offer Conciliation services – an alternative, out-of-court dispute resolution instrument that is voluntary, flexible, confidential, and interest-based process.
The parties seek to reach an amicable dispute settlement with the assistance of the ‘conciliator’, who acts as a neutral third party.