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.
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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
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
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
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