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Resolution of Disputes
Gulf Law - the definitive guide to business law in the Arab Middle East - legal system, company, corporate law

Disputes unfortunately occur in the conduct of business. Parties failing to reach an amicable resolution such disputes end up by being referred either to the courts, arbitration or both. The GLS lawyers have extensive litigation and arbitration experience and have assisted clients in the areas mentioned below. 

1. Litigation

In certain instances litigation which is generally considered the last resort in resolving disputes may be an unavoidable option. Potential litigants are well advised to obtain a clear idea of judicial procedures in the jurisdiction where litigation is to be initiated. They should also be aware of the benefits that might be achieved if they are successful claimants or respondents as well as of the drawbacks and disadvantages that might be faced before initiating or allowing disputes to be initiated. Litigation might be lengthy, costly and result in obtaining a favourable award which could prejudice the smooth conduct of business by creating bad feelings in the comparatively limited business community in the Area. Clear advice has to be obtained from experienced practitioners in the relevant jurisdictions before taking the decision to resort to litigation or amicably resolve the dispute. 

2. Arbitration including ICC Arbitration & Conciliation 

Multi-national companies conducting business in or with the countries in the Area are not very familiar with their applicable laws and the operation of the judicial systems. Because of this lack of knowledge of the laws, confidence in the impartiality of the judiciary and the efficiency of the judicial system, foreign contracting parties prefer to provide for arbitration as a means of resolving disputes. Most of the countries in the Area began to accept the concept of local arbitration conducted under the auspices of the local chambers of commerce rather than  international arbitration with organisations such as the International Chamber of Commerce (ICC). GLS lawyers have been nominated to act as arbitrators in local and international arbitration as well as to act as experts on the laws of the Area in matters referred to local and international arbitration.

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