HRMARS - This study examines arbitration as an effective mechanism for dispute resolution based on party autonomy and characterized by speed, flexibility, and confidentiality, which have made it a preferred option in the modern commercial environment. The research analyzes the concept and types of arbitration and explores the legal effects of the arbitration agreement on the parties, the arbitrator, and the conduct of proceedings. It further examines arbitral procedures and the arbitral award in light of Federal Law No. 6 of 2018 on Arbitration. The central research question concerns the extent to which arbitration, as a system founded on the will of the parties, achieves genuine effectiveness in dispute resolution and the legal consequences produced by the arbitration agreement on the parties, the arbitral tribunal, and the proceedings. The study adopts an analytical approach to clarify the legal nature of arbitration, explain the effects of the arbitration agreement on the arbitrator and the parties, and describe the procedural framework governing arbitral proceedings from their commencement to the issuance of the arbitral award. It highlights the foundations of arbitration under UAE legislation, particularly the 2018 Arbitration Law, including the rules on the appointment of arbitrators, the conduct of proceedings, the determination of the applicable law, and the powers of the arbitral tribunal in managing the dispute. The findings demonstrate that the arbitration agreement constitutes the cornerstone of the arbitral process, creating an obligation on the parties to refrain from resorting to state courts and initiating arbitral proceedings until a final award is rendered. The study concludes that arbitration operates as an integrated dispute resolution system grounded in party autonomy, flexible procedures, and binding awards, thereby ensuring a high degree of effectiveness and stability in commercial transactions.
ALnuaimi et al. (Thu,) studied this question.