Skilled Advocacy, Strategic Solutions
binu@jihadelhaddad.ae
+971-58-5506464  
Arbitration

Arbitration has increasingly become a popular method and suitable mechanism of Alternate Dispute Resolution in the UAE. The growth of Arbitration in UAE is reflected by several institutions in the UAE which administer commercial Arbitrations in line with international best practice. Most Contracts routinely provide for Arbitration as a means to resolve disputes between the parties.

Dubai in particular is considered a popular seat of Arbitration in the region. This has been assisted by the presence of arbitration institutions such as DIAC and the DIFC-LCIA Centre. The increased use of arbitration in the UAE is demonstrated by the Local Court’s welcoming approach to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958(New York Convention)

The Dubai International Financial Centre (DIFC) was established as a separate common law jurisdiction within Dubai and has its own arbitration law

The DIFC Arbitration Law No. (1) of 2008, is based upon the UNCITRAL Model law. In accordance with this law, there is no requirement for parties to have any “nexus” or “connection” with the DIFC in order to provide for arbitration to be seated in the jurisdiction. Anyone, from any jurisdiction, can opt for the DIFC as an arbitration seat. Pursuant to the Judicial Authority Law (Law No.12 of 2004), DIFC awards, once ratified by the DIFC Courts are enforceable by the Dubai Courts as if the judgment is “final and appropriate for enforcement”, if accompanied by an Arabic translation.

The DIFC Courts are an independent English language common law judiciary, based in the DIFC with jurisdiction governing civil and commercial disputes nationally, regionally and worldwide. The DIFC Courts have become an effective and integral part of litigation in the UAE. Being a Registered Practitioner, Binu has a thorough understanding of DIFC Court Law and practice in DIFC courts.

In addition to the accomplished first-class Litigation department in Al Wasl International Group, Binu Karthikeyan as specialist Arbitration Practitioner has extensive experience as counsel in representing Individuals, companies and corporate entities in a wide variety of disputes. He has arbitrated many cases including:

  • Joint-venture disputes, shareholder disputes and other company/corporate related issues;
  • Disputes relating to sale of goods and commodities;
  • Construction disputes;
  • Disputes regarding the sale, purchase and Real Estate;
  • Enforcement of domestic and foreign awards in the Middle East and other jurisdictions;
  • Maritime disputes
  • Advice generally on choice of Arbitration venues, drafting of Arbitration clauses and jurisdictional advice; and

He is qualified and regularly appears before:

  • DIFC-LCIA Arbitration Centre (DIFC-LCIA);
  • Dubai International Arbitration Centre (DIAC);
  • Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC);
  • International Court of Arbitration of the International Chamber of Commerce (ICC);
  • UNCITRAL and ad hoc Arbitration tribunals in seats around the globe.