حالات و إجراءات رد المحكم وفقا لقانون التحكيم الإماراتي

الملخص EN

This study addresses the subject of arbitrator's repudiation, which is defined as ruling out the arbitrator from hearing the dispute after being assigned the duty of arbitration before the commencement of, or during, the arbitration procedures or after the issuance of the arbitration award.

hence, the request to repudiate the arbitrator is meant to forbid him from hearing or determining the arbitration case pursuant to one of the litigant's request for fear that the arbitrator may take one of the parties' side.

thus, an arbitrator may be repudiated only if his impartiality and integrity are subject to doubt.

this research is intended to illustrate the UAE legislator’s position on the issue of the arbitrator's repudiation and clarifying the procedural rules applied in this matter, in addition to highlighting the arbitrators' constructive and most important role in running the arbitration process.

the researcher reached a set of results, the most important is that the UAE legislator significantly tilted the will of the parties in most of the provisions of the arbitration law, including the procedures of arbitrator's repudiation.

the researcher also reached several findings and suggestions, the most significant of which is amending article 15 regarding the time of submission of the rejection request.

this is intended to achieve the most important benefit of arbitration which is speeding up the resolution of the dispute.