Defending Your Rights
Fareya Azfar & Araoui LLP represents principals in complex commercial and investor-state disputes across institutional and ad hoc proceedings. We have experience across ICC, LCIA, DIAC, and Arb AD arbitrations, as well as bespoke tribunal procedures tailored to specific transaction structures.
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Related Services
Enforcement and Asset Tracing
We have assisted clients in successully resisting and enforcing local and foreign court orders under local civil procedure laws, NY Convention and Arbitration legislation. Party domicile, asset location and ownership are all critical considerations for ensuring that legal victories translate into commercial victories as well. We advise clients on the enforceability of judgments before proceedings even start, assessing which jurisdictions offer practical recovery and which present obstacles that require alternative strategies or negotiated resolution.
Maritime Arbitration
We have assisted clients in successully resisting and enforcing local and foreign court orders under local civil procedure laws, NY Convention and Arbitration legislation. Party domicile, asset location and ownership are all critical considerations for ensuring that legal victories translate into commercial victories as well. We advise clients on the enforceability of judgments before proceedings even start, assessing which jurisdictions offer practical recovery and which present obstacles that require alternative strategies or negotiated resolution.
Multi-jurisdictional disputes
We have assisted clients in successully resisting and enforcing local and foreign court orders under local civil procedure laws, NY Convention and Arbitration legislation. Party domicile, asset location and ownership are all critical considerations for ensuring that legal victories translate into commercial victories as well. We advise clients on the enforceability of judgments before proceedings even start, assessing which jurisdictions offer practical recovery and which present obstacles that require alternative strategies or negotiated resolution.
Partners in Charge
Fareya is a Co-Founder and Managing Partner at Fareya Azfar & Araoui LLP.
FAQs
Can I appeal the arbitration award?
An arbitral award is generally final and not “appealable” on the merits (i.e., you normally cannot appeal because you think the tribunal got the facts or law wrong). But an arbitration award can be "challenged" by making an "application to set aside" the award before the courts of the place/seat of arbitration.
How long does a typical arbitration take end-to-end?
Most rules and arbitration laws mandate that the tribunal must render its award within six months of the first hearing or its constitution, but in practice the concept of party autonomy prevails in the timeline of arbitral procedures. If both parties agree to extend the deadline of six months, it is extended until such time as the parties agree to do so, sometimes subject to permission of the scruity of arbitral institution (such as the ICC Court of Arbitration).
Can I get urgent/interim relief (injunctions, asset freezes) in arbitration?
Yes, you can obtain urgent interim relief, including injunctions and asset freezes, in arbitration. You can secure these through an Emergency Arbitrator (before the main tribunal is formed), the Arbitral Tribunal, or National Courts. However, because arbitral tribunals lack direct coercive enforcement powers against third parties (e.g., forcing a bank to freeze an account directly) we apply for interim and freezing orders in support of arbitration to the courts at the seat of arbitration or in jurisdictions where the opposing party's assets are located. We have successfully obtained worldwide freezing orders from local courts in the UAE, as well as foreign courts, such as the BVI, where we secured an order against both the defendant, the party to the arbitration, and a a third party escrow agent, from dealing with the assets referred to within the freezing order until the closure of the arbitration in Dubai.
What is arbitration and how is it different from going to court?
Arbitration is a process through which parties agree to resolve the dispute(s) between them by submitting to the final and binding decision of adjudicators, called arbitrators, appointed by them directly, or a mechanism of appointment agreed in their arbitration agreement. The scope of the disputes subject to arbitration are limited and defined in scope, by reference to a certain situation, contract, deal or transaction.
What if the defendant does not participate in the arbitration proceedings?
The arbitration continues 'in default'. The claimant will still have to prove the merits of their case, and the arbitral tribunal will be more inquisitive and demanding on the claimant. But the arbitration will continue in absentia.
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