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ARTICLE · 21 JUNE 2019

Can You Claim Legal Costs In Arbitration?

Dr Hassan Elhais
Dr Hassan Elhais
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Dr Hassan Elhais

Dr Hassan Elhais

Dr. Hassan Elhais, along with the team of legal consultants and prominent local lawyers across the...

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Isn't it too complex and too expensive to proceed with arbitration?

United Arab EmiratesLitigation, Mediation & Arbitration

Isn't it too complex and too expensive to proceed with arbitration? What all costs can we recover in this arbitration apart from the claim? Can we claim attorney's fees or legal costs from this arbitration? There are few but very frequently asked questions from the Lawyers in UAE, and the answers to these questions can be spotted in this article.

One of the most appealing advantages of turning to arbitration is the tribunal's authority to award legal costs and expenses. These would ordinarily incorporate the arbitrator's fees and any other costs incurred in any arbitration institution. It is a recent practice in UAE among commercial parties to empower the tribunal to award legal costs either within the Terms of Reference or drafting a special provision for the same. However, under certain circumstances, the ability of the tribunal to grant legal costs is a challenging task.

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