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Tahkeem Process

Our arbitration process, explained

N.B.: The language of the arbitration proceedings is usually in Arabic. However, arbitration proceedings may be conducted in English or any other language if the concerned parties all agree.

Committal

The parties shall be bound by the provisions of these rules, by signing an arbitration agreement which nominates Tahkeem as the administrator of the arbitration process.

Request for arbitration

This includes:

  • The particulars or business name and address of the claimant (and where appropriate, the name and address of other participants)
  • The particulars or business name and address of the other party (and where appropriate, the name and address of other participants)
  • A brief description of the dispute and the claims and applications
  • The name of the arbitrator nominated by the claimant, where the parties have agreed that the dispute shall be referred to arbitrators

The preliminary review

Once the transmission of the file to the tribunal has been made, a preliminary hearing shall be conducted, with all parties involved. In this hearing, we will discuss the issues in the case, procedural matters and any other matters.

Assistance and representation of the parties

Each party may be assisted by any person of their choice. Comments shall be communicated simultaneously to all parties or, at their request, to their representatives, and to each member of the arbitral tribunal. All communications shall be sent, in accordance with proper procedures, to the address noted by the arbitrators and by the parties or, at their request, to their representatives.

Appointment of arbitrators

Where appropriate, the appointment shall be made upon a proposal by the parties or the arbitrators nominated by the parties. Any other factors which might affect their independence or their impartiality must be considered. They must also immediately reveal any similar circumstances that may arise after they have accepted the dispute. The arbitrators shall be available throughout the entire proceeding, demonstrating loyalty and acting promptly. Sometimes, more than one arbitrator needs to be appointed. It is then normal to appoint additional arbitrators in odd numbers, like three, five or seven more. This is usually due to the complexity or size of the dispute. The choice of arbitrator(s) is always yours; however, the Executive Committee shall elect a chairman amongst them.

Challenge

At this point, any party wishing to challenge an arbitrator for circumstances occurring or coming to light after the arbitrator's appointment must submit a reasoned application to the Tahkeem Executive Committee.

Place and time of the arbitration

A place and a time will be set, in agreement and accordance with all concerned parties and in some cases external participants, such as witnesses and advocates.

Rules applicable to the proceeding

When the arbitral tribunal has been set in place, Tahkeem shall send to each of its members a copy of the parties' claims and applications as well as the supporting documents received. The arbitral tribunal shall then organize the proceedings according to the nature of the case taking into account any arrangements agreed to by the parties. The arbitral tribunal shall send the document organizing the procedure to Tahkeem after it is signed by all parties.

Closing the proceedings

The arbitral tribunal will consider the proceedings and begin its deliberations, indicating the date on which, barring any incident, the award will be attested by the government or judicial court. The final decision of the Arbitral Tribunal shall be made by a majority of all its members and must be reasoned, made in writing and signed by the members of the Arbitral Tribunal. Any final award shall include:

  1. The arbitration agreement or the contract which contains the arbitration clause;
  2. Names of the members of the Arbitral Tribunal;
  3. Names of the parties to the dispute;
  4. A sufficient summary of the subject matter of the dispute;
  5. A sufficient summary of the parties' arguments, documents and evidences;
  6. Date of the award and the place where it was issued;
  7. Arbitration fees and expenses and the party to settle the same; and
  8. The wording of the award.

The award

The Arbitral Tribunal shall issue its award within six months from date of the first hearing. However, such period may, upon the application of the parties, be extended for any such other period as the then circumstances may dictate. The award to be made by the Arbitral Tribunal shall be final and may not be appealed by any of the means of appeal.

If, during arbitral proceedings, the parties agree to settle the dispute, the Arbitral Tribunal shall render its award on the basis of the outcome of such settlement.

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