Topic Settlement by Courts of Substantive Claims for which Arbitration Has Been Agreed Upon. Explanation: According to Article 8 of the UAE Arbitration Law, “1- A Court before which a dispute is brought in a matter covered by an arbital
Budget: $30 – $250 USD
Topic
Settlement by Courts of Substantive Claims for which Arbitration Has Been Agreed Upon.
Explanation:
According to Article 8 of the UAE Arbitration Law, “1- A Court before which a dispute is brought in a matter covered by an arbitration agreement, shall declare the inadmissibility of the action, if the defendant has raised such plea before submitting any request or defence on the substance of the case, and unless the Court finds that the arbitration agreement is void or incapable of being performed. 2- Where an action referred to in the preceding Clause has been brought, the arbitration proceedings may nevertheless be commenced or continued, and an arbitral award may be made”. This provision is parallel to Article 8 of the Model Law which provides that “(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative, or incapable of being performed. (2) Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court”. It happens a lot in practice that a party to an arbitration agreement raises its substantive claim/case before a court although the claim is covered by an arbitration agreement. If the other party (defendant) does not object to the jurisdiction/competence of the Court, the claim can be decided on by the Court as it will be considered that the parties have waived their right to invoke the arbitration agreement. In addition, sometimes, the arbitration agreement can be void or incapable of being performed. The assignment should provide a comparative analysis of the above-mentioned provisions, and, possibly, other parallel provisions under other laws, and should be supported with UAE cases.
Submission
- Submission Date: 6 June 2024.
-The assignment format that is available on the Blackboard should be followed.
-OSCOLA style should be used.
-The size of the assignment must not exceed 3000 words excluding footnotes and bibliography.
-Must be submitted in word format only.
-Must be saved in your student ID number.
Guidance
A)Students need to observe the following points in drafting their assignments
1.Clear introduction
2.Logical progression of ideas
3.Smooth transition throughout essay leading to a well-developed argument
4.Thoroughness of analysis
5.Required quantity of research demonstrated
6.Persuasive conclusion
7.List of references provided at the end of the assignment.
8.Accurate use of reference style
9.Relevant use of quotes to support the argument
10.Word count
B)Writing instructions:
1.Introduction:
•This should, inter alia, provide a brief about all the issues you wish to discuss in the body of the essay.
•This is your roadmap to the essay. It tells the examiner where you are going and how you plan to get there.
2.Body of essay:
•Discuss all issues you have already identified in the introduction.
•You should divide the body of the essay into sections, and, possibly, subsections.
3.Conclusion:
•This should be a summary of the conclusions on issues you have discussed in the body of the essay.
4.Support your discussion with:
•Academic authorities – i.e. books & peer reviewed papers (at least 7 references). Support your discussion also with cases. A variety of sources should be used.
5.Academic discipline:
•Writing a good essay involves knowing what to include and what to leave.
•All sources quote/cite must be acknowledged and fully referenced.
•Plagiarism/copying other people’s work will be detected and punished with a zero, and possibly referred to the Unfair Means Committee.
6.Analysis and evaluation:
•How you have analysed and evaluated the subject-matter of the essay.
•How you have applied legal, academic, and judicial sources.
•How you structured and presented the essay.
•A judgment as to the overall value of the final outcome, and its relative welfare gains when compared to alternative outcomes that might have been reached.
Settlement by Courts of Substantive Claims for which Arbitration Has Been Agreed Upon.
Explanation:
According to Article 8 of the UAE Arbitration Law, “1- A Court before which a dispute is brought in a matter covered by an arbitration agreement, shall declare the inadmissibility of the action, if the defendant has raised such plea before submitting any request or defence on the substance of the case, and unless the Court finds that the arbitration agreement is void or incapable of being performed. 2- Where an action referred to in the preceding Clause has been brought, the arbitration proceedings may nevertheless be commenced or continued, and an arbitral award may be made”. This provision is parallel to Article 8 of the Model Law which provides that “(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative, or incapable of being performed. (2) Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court”. It happens a lot in practice that a party to an arbitration agreement raises its substantive claim/case before a court although the claim is covered by an arbitration agreement. If the other party (defendant) does not object to the jurisdiction/competence of the Court, the claim can be decided on by the Court as it will be considered that the parties have waived their right to invoke the arbitration agreement. In addition, sometimes, the arbitration agreement can be void or incapable of being performed. The assignment should provide a comparative analysis of the above-mentioned provisions, and, possibly, other parallel provisions under other laws, and should be supported with UAE cases.
Submission
- Submission Date: 6 June 2024.
-The assignment format that is available on the Blackboard should be followed.
-OSCOLA style should be used.
-The size of the assignment must not exceed 3000 words excluding footnotes and bibliography.
-Must be submitted in word format only.
-Must be saved in your student ID number.
Guidance
A)Students need to observe the following points in drafting their assignments
1.Clear introduction
2.Logical progression of ideas
3.Smooth transition throughout essay leading to a well-developed argument
4.Thoroughness of analysis
5.Required quantity of research demonstrated
6.Persuasive conclusion
7.List of references provided at the end of the assignment.
8.Accurate use of reference style
9.Relevant use of quotes to support the argument
10.Word count
B)Writing instructions:
1.Introduction:
•This should, inter alia, provide a brief about all the issues you wish to discuss in the body of the essay.
•This is your roadmap to the essay. It tells the examiner where you are going and how you plan to get there.
2.Body of essay:
•Discuss all issues you have already identified in the introduction.
•You should divide the body of the essay into sections, and, possibly, subsections.
3.Conclusion:
•This should be a summary of the conclusions on issues you have discussed in the body of the essay.
4.Support your discussion with:
•Academic authorities – i.e. books & peer reviewed papers (at least 7 references). Support your discussion also with cases. A variety of sources should be used.
5.Academic discipline:
•Writing a good essay involves knowing what to include and what to leave.
•All sources quote/cite must be acknowledged and fully referenced.
•Plagiarism/copying other people’s work will be detected and punished with a zero, and possibly referred to the Unfair Means Committee.
6.Analysis and evaluation:
•How you have analysed and evaluated the subject-matter of the essay.
•How you have applied legal, academic, and judicial sources.
•How you structured and presented the essay.
•A judgment as to the overall value of the final outcome, and its relative welfare gains when compared to alternative outcomes that might have been reached.