The UAE is one of the best places for investors. However, previously, Legal Consultants in Dubai would make their clients go through court proceedings, but nowadays, they go through mediation for dispute resolution. It has become easy to resolve conflict with the time and cost-effective strategy.
As dispute resolution through arbitration has gained popularity in the UAE, new methods are added to the umbrella of mediation. Such is one of the techniques known as settlement conferences. Through this kind of conference, both parties meet and mutually agree on a friendly solution rather than push their case in court. These people are given an open platform to communicate their terms and conditions so that a mutual agreement can be made and signed in the presence of the lawyers from both parties.
Furthermore, the new way of dispute resolution can be told by either party because it is a new concept, and everyone in the UAE does not know much about the concept of resolving disputes out of court. Usually, disputes related to business or family cases are handled through arbitration.
Quick dispute resolution is the need of the hour these days. Therefore, both parties present themselves with their legal consultants to explain the dispute to the judge. At a later stage, the judge would talk to both parties separately and present them with an offer to resolve the dispute. The conflict resolution ends on a friendly agreement if both parties have happily agreed on the solution. In case of disagreement, the case will proceed for court trials.
Parties should always choose for settlement conference because it will keep them away from conventional litigation methods and save them from heavy costs and more time. However, both sides have to compromise on a few conditions to reach a mutual ground, but it will bring a fair decision for them, unlike court trials, where only the evidence matters and the verdict can be in the favour of the wrong party.
Settling Disputes in Commercial Sector
The UAE is one place where investors do not worry about spending money because they know the country is one of the business hubs in the Emirates, and they can invest in great ideas there. However, that certainly does not mean conflicts do not arise. Commercial disputes occur everywhere in the world. The legal consultants have witnessed thousands of commercial disputes and resolved them with the UAE commercial laws, such as getting a trademark or making contracts.
Several methods can be applied in resolving commercial disputes in the UAE. Usually, they can be resolved through litigation and arbitration in the UAE. The main difference in both conflict resolution types is that litigation involves court proceedings, whereas arbitration is known as settlement out of court.
However, the legal system of the UAE is conducted through the federal judiciary and local judiciary. A few emirates in the UAE have worked independently in their jurisdiction and do not come under the federal judiciary by the constitution.
Moreover, these judicial systems have three degrees of courts for litigation. The court proceedings will be initiated by the claimant if it has to be resolved through litigation. The legal consultants would prefer to help their clients through mediation and negotiation, depending on the intensity and sensitivity of the case and the client’s point of view on the case.
But in the process of registering a claim in the court, it must be supported by documents and provide complete information about the defendant, the subject matter and demand. The court will do the hearing for the matter but may hire a legal consultant for technical expertise on the case. They will then hear both sides, do their analysis of the case and provide their valuable recommendations with reasons. However, the report by the experts will not bind the court, therefore parties can disagree with the provided resolutions.
Commercial disputes are common practices in the UAE therefore the parties should know smart ways to resolve the dispute. They must hire a lawyer for civil and commercial cases.
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