TAHKEEM Organizes Workshop on Arbitration Clauses

The workshop is part of its sustained attempts to promote an arbitration culture UAE-wide

In line with its strategy to enhance the public awareness of arbitration concepts, the Sharjah International Arbitration Centre (TAHKEEM), organized a two-day workshop on arbitration clauses and instruments at the Sharjah Chamber of Commerce and Industry.

The workshop, entitled “Drafting an Arbitration Clause”, aimed to underline the importance of arbitration clauses in settling commercial conflicts and disputes. The discussions shed extensive light on the differences and similarities between arbitration clauses, federal laws and civil procedures applied in the UAE, the arbitration process endorsed by TAHKEEM, as well as the key provisions incorporated by an arbitration clause.

The workshop provided a detailed review of the ways of differentiating between an arbitration clause and arbitration conditions. The discussions included detailed references to cases involving the rejection of a disputant to sign an arbitration clause. In addition, the participants were briefed on the techniques employed to incorporate TAHKEEM’s process within an arbitration clause. Within this context, a business case was presented involving different models for an arbitration clause to identify its pros and cons. An overview of the courts’ judgments of arbitration clauses was conducted as well.

Commenting on the workshop, Ahmed Saleh Alechla, the Director of TAHKEEM, said: “The workshop reflects a part of our strategic objective to promote the culture of arbitration in UAE society. We endeavor to promote the integrated methodology adopted by TAHKEEM as a legally acknowledged entity seeking to instill a culture of employing and benefitting from arbitration to solve commercial, financial and investment disputes among individuals.”

Ms Hamda Al Blooshi, Case Manager at TAHKEEM, said the workshop sought to disseminate the culture and the significance of arbitration as a viable option to litigation among the public. This was achieved by providing an integrated and practical overview of the essence of arbitration, its types and development, as well as discussing the different kinds of arbitration clauses locally, regionally and internationally. She noted: “It fits within the training activities and workshops organized by the center annually, in line with our vision to enable all businesses to contribute to the economic development and welfare of the UAE.”