Midnight Arbitration Clause v. 8:00 a.m. Clause
By Ashraf El Motei LL.M., MCIArb
November 21, 2015

In the past, contractual dispute resolution provisions were commonly known as ‘midnight’ clauses because commercial lawyers only come to discuss them in the closing stages of contract negotiations. Nowadays, taking into account the complications which may arise from badly drafted arbitration clause, they are better referred to as the 8 o’clock in the morning clauses. There is no such thing as a single ‘model’ or ‘all purposes’ clause appropriate for all occasions. Each clause should be carefully tailored to the requirements of a given situation, taking into account the likely types of disputes, the nature/ needs of the parties’ relationship and... read more

Dispute Resolution Mechanisms in Commercial Contracts
By Ashraf El Motei
November 19, 2015

In the past, contractual dispute resolution provisions were commonly known as ‘late night’ clauses because commercial lawyers and business people only come to discuss them in the closing stages of contract negotiations. They probably copy and paste a litigation jurisdiction or arbitration provision from a previous contract. Or more likely they don’t consider the issue at all, so the contract ends up saying nothing about dispute resolution method, which would lead any disputes which may arise to be resolved by litigation (state courts) – not really a favorite alternative in international commercial contracts. This article will review the basic characteristics... read more

Discussion on the Dispute Resolution Forums in Dubai

As a result of the world economic downturn and the resultant increase in contractual disputes we have seen a number of specialized dispute resolution forums introduced in Dubai, especially in the last two years, to deal with the rising volume and specific nature of real estate disputes. We discuss below in general outline the different forums in Dubai and the circumstances in which they will have jurisdiction. DIFC Courts The DIFC Courts have jurisdiction over matters related to the Dubai International Financial Centre ("DIFC"). The DIFC Courts can hear disputes regarding: - DIFC entities - A transaction or contract concluded, in whole or in part, in... read more

Local Court Intervention in International Arbitration

In June of 1985, the United Nations Commission on International Trade Law (UNCITRAL) approved the Model Law on International Commercial Arbitration. Since the approval of the Model Law, international arbitration as a means of dispute resolution has become increasingly more acceptable in all regions of the world. Middle Eastern and Latin American states have abandoned their reluctant positions in respect of the arbitral process and ratified the New York Convention on the recognition and enforcement of foreign arbitral awards as well as bilateral investment treaties, thereby compelling themselves to recognize and enforce international arbitration agreements and awards. The adoption of the... read more

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