Disqualification the Arbitrator in The Dispute of Arbitration under the Emirati Arbitration Act No. 6 of 2018
Dr. Muzaffar Jaber Al-Rawi
Associate Professor of Arbitration and Commercial Law
College of Law – University of Sharjah – UAE
The arbitrator is the essence of the arbitration system and plays a pivotal and key role in the administration of the arbitral process, commencing from the phase of forming the arbitration board to that of issuing the definitive decision in the case of dispute. This study tackles a clarification of the arbitrator concept, its obligations, and the cases of excluding him from the arbitration dispute for special contingencies. It also examines the state of the arbitrator’s recusal that reflects the respect of a deep-rooted procedural doctrine, which is the right of defense. This is considered an exception to the principle of the obligatory power of the arbitration agreement, in particular when it has been proven that the arbitrator is partial and lacks independence.
Moreover, the study focuses on the legal effects ensuing as a result of the dismissal and recusal of the arbitrator following the methodology of description and analysis of the provisions relevant to arbitration and provided in the UAE Arbitration Law No (6) for the year 2018. It is noteworthy that the study is to refer to the Bill of the UAE Arbitration, and to a number of comparative arbitration statutes alongside the judicial trend in this respect.
The study is to be succeeded by a conclusion and recommendations, the most significant of which is the necessity of legislating special provisions. It is essential to clarify the fate of the decision of the arbitrator›s recusal immediately after the issuance of the final arbitration judgment. Moreover, it is recommended that a sanction shall be imposed on the arbitrator who has not disclosed everything that might cast doubts on his impartiality and independence.
Keywords: obligations of the arbitrator, responsibility of the arbitrator, recusal of the arbitrator, qualification of the arbitrator, UAE law.