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ARTICLE · 19 APRIL 2016

Following The Procedures

Dr Hassan Elhais
Dr Hassan Elhais
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Dr Hassan Elhais

Dr Hassan Elhais

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Under normal circumstances it is presumed that Arbitration procedures have been complied with by all concerned parties.

United Arab EmiratesLitigation, Mediation & Arbitration

Legal Principle

Under normal circumstances it is presumed that Arbitration procedures have been complied with by all concerned parties. The burden of proof to prove the contrary shall fall on the party claiming so. Adjudication on this issue shall be solely based the contents of the arbitration award and its details.

Facts

The claimant filed a civil case in court requesting to appoint an arbitrator to settle a dispute with the respondent in accordance with provisions of the share transfer contract they had entered into. The said contract provided that disputes arising from it shall be settled through arbitration proceedings, with the arbitrators being appointed by the court.

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