Siraj & Elhusseny Law Firm and Legal Consultancy acts in disputes that the parties have agreed to resolve by arbitration, from reviewing and drafting the arbitration clause or agreement and assessing the legal position, to preparing submissions and documents and representing clients throughout the arbitral proceedings, as well as court matters related to arbitration and the enforcement of arbitral awards in accordance with the law. The firm treats arbitration as an integrated legal track that requires studying the nature of the dispute, the agreement on which the arbitration is based, the scope of jurisdiction, and the documents, claims and defenses relevant to each stage of the proceedings.

Arbitration as a Specialized Means of Dispute Resolution

Parties to a legal relationship may choose arbitration to resolve their disputes instead of resorting to the ordinary courts, whether through an arbitration clause in the contract or a separate agreement between them. Our work on such matters begins with reviewing the basis for referral to arbitration, verifying the scope and effects of the agreement, and studying the nature of the dispute and each party's legal position, and then identifying the procedures, documents and submissions the arbitration requires. The firm's role extends to court matters that may be connected to the arbitral proceedings or awards, depending on the nature of each file and the applicable legal framework.

Scope of Practice

01
Reviewing and Drafting Arbitration Clauses and Agreements

The firm drafts and reviews arbitration clauses and agreements, whether within contracts and agreements or as standalone documents. This includes reviewing the scope of the clause or agreement, its connection to the contractual relationship and the disputes it may cover, so that the dispute resolution mechanism between the parties is clear.

02
Assessing the Legal Position Before Arbitration

Before proceedings commence, we study the facts, documents and the agreement in dispute, assess the legal position and the possible claims and defenses, and identify the issues that may affect the course of the arbitration. This stage is particularly important in establishing the legal basis for the claim or defense and preparing the file before the proceedings begin.

03
Preparing Arbitration Files, Submissions and Documents

The firm prepares and organizes arbitration files, drafts submissions, requests and defenses, and assembles the documents relevant to the dispute. Each file is handled according to the nature of the case, the stage the proceedings have reached, and the documents, responses or legal requests it requires.

04
Representation in Arbitral Proceedings

The firm represents its clients throughout arbitral proceedings according to the nature of the mandate, following up on the related hearings, submissions, requests, documents and procedures. Work on the file continues through every stage of the dispute, in line with developments in the case and the requirements of each stage.

05
Arbitration-Related Court Matters

An arbitration may be connected to parallel or subsequent court proceedings or disputes. Our practice therefore covers court matters related to arbitration, according to the nature of each file and within the limits permitted by law.

06
Enforcement and Challenge of Arbitral Awards

The firm's role extends to matters relating to the enforcement of arbitral awards or challenges against them, within the limits permitted by law, including studying the award, the legal position and the available procedures in each case.

How We Handle Arbitration Matters

  • Reviewing the Agreement and the Dispute: Each engagement begins with reviewing the contract, the arbitration clause or agreement, and the facts and documents relating to the dispute.
  • Assessing the Legal Position: We identify the legal grounds for the claim or defense and the issues that may affect the course of the proceedings.
  • Preparing the File and Submissions: The specialized team prepares the submissions and requests, assembles the documents and organizes the arbitration file.
  • Representation and Follow-up: We follow the arbitration and represent the client throughout, according to the nature of the mandate and the requirements of each stage.
  • Post-Award Matters: Once the award is issued, we assess the legal procedures for its enforcement or for challenging it, within the limits set by law.