The premature expiration of arbitration litigation in investment disputes

Download This Article

This work is licensed under a Creative Commons Attribution 4.0 International License.

Abstract

Arbitration litigation shall be completed by the issuance of an arbitral award ending the dispute (Al Tarawneh & Al-Qhaiwi, 2020). This type of legal litigation may also end due to a contingency that occurs before the issuance of this arbitral award. The problem of this paper is to determine the cases in which the arbitration dispute can end without the issuance of an arbitral award. To study this topic, we follow the analytical approach in light of the provisions of the United Arab Emirates (UAE) Arbitration Law promulgated by Federal Law No. (6) of 2018. At the end of this paper, we conclude that the arbitration dispute may end without the issuance of an arbitral award for many reasons. This termination may be ordered by the president of the competent court, by a decision from the arbitral tribunal, by the litigant’s reconciliation, by the expiry of the arbitration deadline, or by ruling the invalidity of the arbitration agreement. In such cases, the arbitration litigation is considered expired without an arbitral decision based on the legal grounds of fulfilling one of the procedural reasons that could lead to cessation of litigation before adjudication (Zamzam, 2020).

Keywords: Arbitration, Arbitration Agreement, Premature Expiration, Invalidity of Arbitration Agreement, Abandoning Arbitration Litigation, Arbitration Deadline

Authors’ individual contribution: Conceptualization — M.E.K., A.A., and A.Z.; Methodology — M.E.K. and A.Z.; Resources — M.E.K., A.A., and A.Z.; Writing — Original Draft — M.E.K., A.A., and A.Z.; Writing — Review & Editing — M.E.K., A.A., and A.Z.; Supervision — A.A.; Project Administration — M.E.K. and A.A.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

Acknowledgements: The Authors would like to extend their gratitude and appreciation to all who have helped carry out this paper, and to all who have provided any facility to complete this work.

JEL Classification: K12, K40, K41, K49

Received: 15.09.2022
Accepted: 06.02.2023
Published online: 10.02.2023

How to cite this paper: Kandeel, M. E., Abouahmed, A., & Zakaria, A. (2023). The premature expiration of arbitration litigation in investment disputes. Corporate Law & Governance Review, 5(1), 17–28. https://doi.org/10.22495/clgrv5i1p2