Arbitration is an investment and, like any investment, one must assess the risks against the benefits. Such an evaluation often focuses upon the merits of the legal and commercial issues in dispute.
A recent case heard by the Court of Appeal in Dubai (Case No. 371-203) provides a reminder that on top of the over-arching merits of a claim, parties to an arbitration have to put procedural requirements and the form of the arbitration at the top of their list of priorities to ensure that their investment is not squandered by subsequent ratification and enforcement issues. Continue reading
