International Construction Arbitration – The Arbitration Agreements
Overview
The legal and institutional framework for arbitration is now well embedded in most members states of the Gulf Cooperation Council (GCC), reinforcing its status as the main alternative to litigation.
This Practice Note provides practical guidance on the best practice for the drafting of enforceable arbitration agreements in the GCC, in the context of the construction industry.
While this Practice Note has identified some of the salient features of law which are generally applicable to arbitration agreements in the GCC, it is not intended to be comprehensive. Any entities contemplating contracts containing an agreement to arbitrate would be well advised to take advice on the applicable local laws, prior to signing the agreement.
By reference to all six GCC states, we set out below a high level overview of the following matters:
the arbitration law in each of the six GCC member states;
mandatory drafting guidelines for a "valid" and enforceable arbitration agreement;
the procedure for challenging the validity of an arbitration agreement; and
the institutional framework for arbitration and model institutional arbitration clauses.