Court Uncourt - Volume V Issue - 11

I dette nummeret

Let us consider a situation where a contractor hires a subcontractor for the construction of a building. Subsequently, a dispute arises between the partiesand the parties resort to arbitration to resolve the said dispute. However, the contractor fears that the subcontractor may misuse the assets involved and requires an urgent notice to prevent the subcontractor from dissipating the said assets. This is where emergency arbitration comes into practice, to assist the parties to obtain emergency interim relief during the pendency of the arbitral proceedings. Article 21 of Federal Decree Number 6 of 2018 covers the provisions regarding interim relief. It empowers the arbitral tribunal to issue orders giving interim or emergency relief to the concerned party. The tribunal covering the case may: I. Order for the protection and preservation of evidence that is relevant to the case; II. Take adequate measures to protect the subject matter and the relevant assets by: i. Ordering the party to deposit the goods with a third party, or ii. Order the sale of those goods which are susceptible to damage. III. Restore issues to their normal state for the remaining duration of the case; IV. Ensure the satisfaction of the Arbitral Award by protecting the funds and assets; and V. Take specific action protecting parties of the arbitration from any damage. In this issue of Court Uncourt, our lawyers will elaborate on a broad range of legal matters including Emergency Arbitration and Expedited Proceedings, Oman Consumer Protection Law, Customs Duty in India, Medical Negligence, Self-Defense, and Cyber Liability Insurance. Through this information outlet, we intend to keep our readers updated on the latest legal developments around the world. Thank you, and we hope you have an insightful read of this issue of Court Uncourt.