طبيعة الدفع باتفاق التحكيم في دولة الإمارات العربية المتحدة

الملخص EN

It is conceded that arbitration agreement prevents parties from filing their lawsuit before the courts.

Thus, if one of the parties did not comply with this restriction and, nonetheless, resorted to the court, the respondent can preclude the claimant through an Objection to dismiss the case and refer the dispute to arbitration.

The legal system in the UAE recognizes three types of objections, in which, each has its own provisions and rules.

Non-observance of these rules may result in severe consequences to an extent the litigant’s right to insist it may be extinguished.

As a result, it is imperative to determine the legal nature of the objection for arbitration agreement.

This study addresses the general theories and different opinions about the legal nature of the objection for arbitration agreement, and the tradition in counterparts’ legal systems.

Finally, it focuses on the various application impacts and paradoxes of such objection in the UAE.

The study has concluded that the objection for arbitration agreement is an objection of Rejection of Action.

On the other hand, the courts in the UAE have not reached a unanimity regarding its nature as some courts held that it is of a Lack of Jurisdiction nature, whereas others ruled to be of a Rejection of Action nature.