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ARTICLE · 25 OCTOBER 2019

Why Are Arbitrators Not Criminally Liable?

Dr Hassan Elhais
Dr Hassan Elhais
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Dr Hassan Elhais

Dr Hassan Elhais

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Out of danger, are they really? The article by Criminal Lawyers in Dubai will discuss the "not so much" liability of arbitrators in UAE in accordance with the recent amendment in the laws pertaining

United Arab EmiratesLitigation, Mediation & Arbitration
Hassan Elhais
Hassan Elhais

Out of danger, are they really? The article by Criminal Lawyers in Dubai will discuss the "not so much" liability of arbitrators in UAE in accordance with the recent amendment in the laws pertaining to arbitration.

Why should we study arbitrator's liability? Simply because the authenticity of international arbitration is highly questionable and is facing a reputational crisis. Yet, the laws imposing criminal penalties on arbitrators have been eradicated which is the topic of discussion of this article.

UAE has recently promulgated a decree which halted the long drawn controversy regarding the criminal liabilities of arbitrators and experts which emerges from their irrational behaviour or duties inconsistent with the laws of the Arbitration Centre or from their unbiased nature. His Highness Sheikh Khalifa Bin Zayed Al Nahyan issued Federal Decree Number 24 of 2018 (the Decree) on 23 September 2018. The Decree amended several provisions of Federal Law Number 3 of

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