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Non Arbitration Agreement

Non Arbitration Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Non Arbitration Agreement

"I need a Non-Arbitration Agreement for my UAE-based technology company that will be entering into multiple contracts with software vendors starting January 2025, ensuring all disputes are handled through Dubai Courts rather than arbitration."

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Document background
This Non-Arbitration Agreement is utilized when parties wish to explicitly exclude arbitration from their dispute resolution options and establish the exclusive jurisdiction of UAE courts. It is particularly relevant in situations where parties prefer the established procedures of the UAE judicial system, require direct court enforcement capabilities, or want to avoid the costs associated with arbitration proceedings. The agreement is structured in accordance with UAE Federal Law No. 11 of 1992 (Civil Procedure Law) and related legislation, providing clear provisions for court jurisdiction, dispute resolution procedures, and enforcement mechanisms. This document is essential for businesses operating in the UAE who want to ensure their disputes are resolved through the local court system rather than through arbitration.
Suggested Sections

1. Parties: Identification of all parties to the agreement with full legal names and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Agreement: Clear description of the transactions, contracts, or relationships covered by this non-arbitration agreement

5. Waiver of Arbitration: Express waiver of rights to arbitration and agreement to resolve disputes through courts

6. Court Jurisdiction: Explicit designation of UAE courts' jurisdiction and specific emirate courts if applicable

7. Governing Law: Specification of UAE law as the governing law

8. Duration and Termination: Term of the agreement and circumstances under which it can be terminated

9. Notices: Process for serving legal notices between parties

10. Entire Agreement: Confirmation that this document represents the complete agreement regarding arbitration waiver

Optional Sections

1. Specific Dispute Types: Used when certain types of disputes need different treatment or specific court divisions

2. Relationship with Other Agreements: Required when the non-arbitration agreement needs to be coordinated with existing contracts

3. Costs and Legal Fees: Include when parties want to specify how legal costs will be handled in court proceedings

4. Severability: Include when parties want to ensure partial invalidity doesn't affect the entire agreement

5. Language of Proceedings: Include when specifying the language for court proceedings is important

6. Alternative Dispute Resolution: Include when parties want to specify mediation or other non-arbitration dispute resolution steps before court proceedings

Suggested Schedules

1. Schedule 1 - Related Agreements: List of existing agreements between parties affected by this non-arbitration agreement

2. Schedule 2 - Specified Courts: Detailed jurisdiction arrangements if multiple emirates or court divisions are involved

3. Schedule 3 - Notice Details: Detailed contact information and procedures for legal notices

4. Appendix A - Dispute Resolution Flowchart: Visual representation of the agreed dispute resolution process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Banking and Finance

Real Estate

Construction

Manufacturing

Trading

Professional Services

Healthcare

Education

Technology

Retail

Energy

Transportation and Logistics

Insurance

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Corporate Affairs

Operations

Commercial

Business Development

Contract Administration

Executive Leadership

Corporate Governance

Project Management

Relevant Roles

Chief Executive Officer

Managing Director

General Counsel

Legal Director

Chief Legal Officer

Contract Manager

Risk Manager

Compliance Officer

Business Development Manager

Commercial Director

Operations Director

Project Manager

Legal Counsel

Corporate Secretary

Chief Operating Officer

Industries
UAE Federal Law No. 11 of 1992 (Civil Procedure Law): Establishes the jurisdiction of UAE courts and procedural rules for litigation. Essential for determining the proper court jurisdiction and procedures when arbitration is excluded.
UAE Federal Law No. 5 of 1985 (Civil Code): Governs contractual relationships and obligations between parties. Provides the legal framework for contract formation, validity, and enforcement.
UAE Federal Law No. 6 of 2018 (Federal Arbitration Law): While creating a non-arbitration agreement, understanding this law is crucial to properly exclude arbitration and ensure the exclusion is legally valid and enforceable.
UAE Federal Law No. 18 of 1993 (Commercial Transactions Law): Relevant for commercial relationships and transactions, particularly if the non-arbitration agreement is part of a commercial contract.
Dubai Law No. 16 of 2009: If the agreement involves Dubai parties, this law establishing the Dubai Courts' jurisdiction needs to be considered.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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