طرق اختيار المحكمين في القانون الإماراتي : دراسة مقارنة

Abstract EN

Arbitration is an alternative way for settlement of disputes, and one of the most salient assurances provided by arbitration system to arbitration agreement parties is the selection and appointment of arbitrators.

This assurance is endorsed by international arbitration agreements and arbitration centers; however, arbitration agreement parties don’t have the full volition in that selection: their volition is limited by a number of principles to ensure justice.

The most crucial of the said principles is the equality of arbitration parties in the selection and appointment of arbitrators: every condition provides for a party to appoint more number of arbitrators than the other or giving an arbitrator the right to decide over the dispute in case of other party's default in choosing a court and every condition provides for one party's independence in the appointment of arbitrators shall be considered null and void.

That in case the parties agreed to the appointment of arbitrators or at least the way of appointment, however in the event of absence of such agreement, parties have to refer to the relevant procedural law which tackles all issues related to arbitration.