Waiver of right to object

According to UAE law as the law applicable to the contract, any objection or issues to the proceedings shall be raised together on pain of losing them by waiver. In particular, Article 84/2 of the UAE Civil Procedural Law (Law No. 11 of 1992) provides that “All grounds pertaining to the exception of the procedures that have no relevance to public order shall be submitted together; otherwise the right to except shall elapse against those which are not submitted.”

Similarly, Article 26 of the Procedural Regulations of Arbitration of ADCCAC provides that “A party who becomes aware that a given provision, a procedural rule or any of the Panel’s orders has not been complied therewith, and yet continues the arbitration without objection within a reasonable time, shall be deemed to have waived his right to object.”

The “Waiver of right to object” is commonly accepted by jurisdictions and arbitral institutions , and as Principle of International Commercial Arbitration it is defined as the case when: “A party who knows that any provision of the applicable arbitration law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefore, within such period of time, shall be deemed to have waived his right to object. ”

As a result, a party which does not raise any objection within a reasonable period of time and before proceeding with arbitration is deemed to have waived its right to object under the Principle of “waiver of right to object” and it is precluded from raising such objection later during the course of the arbitral proceedings.

Further, It might be considered from the Parties’ behavior which permits to assess their intention that a new arbitration agreement is formed.

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