Guarantees of the validity of litigation in arbitration cases

Abstract

Abstract:The impartiality, integrity, and independence of the arbitrator ensure a fair resolution of the dispute before him. However, sometimes, after selecting the arbitrators, the parties may discover circumstances that reveal that the arbitration panel or one of its members lacks impartiality and independence. Therefore, most international legislation and agreements have provided the parties to the dispute with legal safeguards against the arbitrator. In light of this, we aim in this research to study the guarantees of due process in arbitration cases by comparing the legal regulation of these guarantees in both Iraqi and Emirati legislation, with reference to international standards, foremost among which is the UNCITRAL Model Law on International Commercial Arbitration. We also addressed the most prominent guarantees that provide protection to the parties during arbitration proceedings, such as the independence and impartiality of the arbitrator, the right of defense, and the legality of proceedings to challenge the validity of the arbitral award. This research reveals a noticeable disparity between the two systems, as UAE law (Federal Arbitration Law No. 6 of 2018) is more detailed and provides more comprehensive guarantees than Iraqi legislation, which relies primarily on the Civil Procedure Law No. 83 of 1969 without a separate law specific to arbitration. Furthermore, the UAE legislature has adopted modern standards in line with UNCITRAL rules, while the Iraqi legislature still needs to reform its legislation to modernize the arbitration environment. At the conclusion of this research, we present a set of proposals, most notably: the need to enact a separate arbitration law in Iraq that is in line with international standards, and to impose additional controls to ensure the integrity and transparency of the arbitration process, thereby enhancing the parties' confidence in arbitration as an effective and fair means of dispute resolution.