Confidentiality

Real estate disputes can often involve sensitive and confidential information, such as financial records, trade secrets, and proprietary information. In litigation, such information may become public, which can damage the reputation of the parties involved. In contrast, arbitration proceedings are confidential, and the parties can agree to keep the proceedings and the outcome confidential. This can help to protect the parties’ interests and maintain their privacy.

Speed

Another advantage of commercial arbitration is the speed with which disputes can be resolved. Litigation in the courts can take months or even years to resolve, which can be costly and disruptive to the parties involved. In contrast, arbitration proceedings are typically faster, with most disputes being resolved within six to twelve months. This can help the parties to avoid protracted disputes and get back to business as usual.

Expertise

Commercial arbitration allows the parties to choose an arbitrator who has specific expertise in the area of real estate. This can be especially useful in complex disputes that involve technical issues, such as construction defects or zoning regulations. The arbitrator can be chosen based on their experience and knowledge, which can help to ensure that the dispute is resolved in a fair and informed manner. Flexibility Commercial arbitration is also more flexible than litigation in the courts. The parties can agree on the rules and procedures that will govern the arbitration, including the language of the proceedings, the location, and the timing. This can help to ensure that the arbitration is conducted in a manner that is most convenient and efficient for the parties involved. Enforcement Finally, the UAE has a strong legal framework for the enforcement of arbitration awards. The UAE is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which means that arbitration awards rendered in the UAE can be enforced in other countries that are also signatories to the Convention. This can help to ensure that the parties can enforce the award and receive the compensation that they are entitled to.

Conclusion

In conclusion, commercial arbitration is an important mechanism for resolving real estate property disputes in the UAE. It offers several advantages over litigation in the courts, including confidentiality, speed, expertise, flexibility, and enforceability. Real estate disputes can be complex and time-consuming, which is why commercial arbitration is becoming an increasingly popular method of resolving such disputes. The UAE’s strong legal framework for the enforcement of arbitration awards ensures that parties can enforce

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Shakeel A. Mian
Managing Partner
Prudential Middle East
info@pmeconsultingus.com
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