Citically Evaluate the Efficacy of Arbitration Process in the Gulf C

Added on 2020-01-15

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DissertationProposal1

TABLE OF CONTENTSProject title.......................................................................................................................................4Aim of the research......................................................................................................................4Objectives....................................................................................................................................4Literature review..............................................................................................................................4Research methodologies .................................................................................................................6Research approach.......................................................................................................................6Research philosophy....................................................................................................................7Data collection.............................................................................................................................7Research design...........................................................................................................................7Data analysis................................................................................................................................8Ethical consideration....................................................................................................................8Limitations...................................................................................................................................8Reliability.....................................................................................................................................9Structure...........................................................................................................................................9Time Frame....................................................................................................................................10References......................................................................................................................................122

PROJECT TITLE“Critically Evaluate the Efficacy of Arbitration Process in the Gulf CommercialCouncil’’Aim of the researchThe main behind carrying out this study will be “To evaluate the efficacy of Arbitrationprocess in the Gulf commercial council”ObjectivesFollowing will be the main objectives behind carrying out this research which are asfollows:To understand the process of arbitration in gulf countriesTo analyze the significance of arbitration to UAETo determine the effectiveness of arbitration process in the gulf commercial councilLITERATURE REVIEWAs per view of Price and Tamimi (2005) arbitration is regarded as the procedure in whichtwo disagreeing parties submit a dispute to individual who is called arbitrator and bindingdecision is being taken in which both the parties are adhere to. The entire process of arbitrationbeing undertaken is confidential and it is usually held outside the court. It is advantageous interms of both cost and time where the decisions taken are favorable for both the parties (Priceand Tamimi, 2005). In case of country like UAE the process of arbitration is important and ithas assisted in developing confidence from the international business community and thisdirectly encourages investment from the foreign nations. However Ziyaeva and et.al. (2015)argued that UAE with the help of government and other means have since the turn of century hasapplied large number of efforts with the motive to enhance facilities along with the systems thatare available for foreign and domestic parties. Large number of arbitration institutions are present in UAE where majority of thearbitration proceedings in the UAE are institutions and they are being carried out by arbitrationcenters being developed (Ziyaeva and et.al., 2015). The three main arbitration centers which arepresent involve Abu Dhabi Commercial Conciliation, the Dubai International Arbitration Centre(DIAC), and the Dubai International Financial Centre / London Court of InternationalArbitration Centre (DIFC-LCIA Arbitration Centre). These three centres are most important in3

settlement of disputes and they directly provide support to gulf commercial council in everypossible manner. Apart from this various laws along with regulations have been developed bythese centers where they always work in favor of the parties (ARBITRATION IN THE UAE.,2015). Further, presence of modern arbitration code is also effective which is associated with thelegal framework. As per view of Baker and McKenzie (2015) at present country like UAE does not haveformal arbitration code and at present all the arbitration related matters are considered under theFederal code of civil procedure. One of the main objectives of FCCP is to govern theproceedings of the court and only very small number of articles linked with arbitral proceedings.Such provisions are not at associated with the international arbitration laws. The main law whichgoverns arbitration of UAE is FCCP and in case of DIFC it is DIFC arbitration law. At presenttwo arbitration laws are being present in UAE (Baker and McKenzie., 2015). The range ofprocedural laws being present in the nation supports in determining to what extent the local orthe courts are linked with the disputes and this would directly intervene in the proceedings ofarbitration. Process and principle of arbitrationAs per view of Newma and Ong (2014) arbitration is regarded as an effective form of disputeresolution. Further it is private where third party is considered to be independent. Apart fromthis, hearing in the process of arbitration considers the use of individual arbitrator or may containtribunal also. In case of tribunal it takes into consideration large number of arbitrators inpresence of legal system. Parties in the dispute are allowed to handle over the issues to thearbitrator. It is considered as a best alternative to court action (Newma and Ong, 2014). HoweverJones and Pexton (2015) argued that arbitration is based on large number of principles whichinvolve interference of court is not allowed, main objective of arbitration is to provide fairresolution of disputes without unnecessary expense and parties are free in order to identify theeffective ways through which disputes can be resolved easily. Arbitrators directly deal with the allegation in case when any type of existing agreementis being violated. Interest arbitration also exist which takes into consideration adjudication onthe terms and conditions of employment (Jones and Pexton, 2015). Different type ofadvantageous of arbitration are present and due to this reason it is most commonly adopted in4

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