Arbitration is a popular alternative dispute resolution mechanism that provides parties with a private and expeditious means of resolving their disputes. Despite its advantages, handling arbitration Dubai can be complex and challenging, and it is easy to make mistakes that can harm your case or jeopardize your interests. This article will discuss some of the most common mistakes that parties make in handling arbitration cases and how to avoid them.
Failing to prepare adequately:
One of the most common mistakes in arbitration is failing to prepare adequately for the proceedings. This can include needing a clearer understanding of the facts and legal issues, not having all relevant documents and evidence, or not having a well-prepared argument. Preparation is crucial in arbitration, as it is often more streamlined and focused than litigation, and there is less room for error.
Not understanding the rules of the procedure:
Another common mistake must be understood in the rules of procedure governing the arbitration. These rules can vary widely depending on the institution, the governing law, and the specific terms of the agreement. It is important to be familiar with them to maximize your chances of success.
Not selecting the right arbitrator:
The arbitrator’s selection can be one of the most important decisions in an arbitration case, as the arbitrator will have significant control over the proceedings and the outcome. It is crucial to choose an arbitrator who is knowledgeable about the relevant law and industry and has the experience and impartiality necessary to resolve the dispute fairly and effectively.
Failing to understand the role of the arbitrator:
In arbitration, the arbitrator’s role differs from that of a judge in a court proceeding. The arbitrator is not there to make findings of fact or interpret the law but rather to facilitate a dispute resolution between the parties. Understanding the arbitrator’s role is important to present your case and reach a favorable outcome effectively.
Not being proactive:
Arbitration is often faster and more efficient than litigation, but it is still important to be proactive and take steps to move the case forward. This can include requesting additional time or documents or making motions to resolve specific issues. Failing to be proactive can result in delays or a less favorable outcome.