In general, the judicial system in Yemen is widely considered to be bureaucratic and under-qualified. For this reason, we encourage clients to identify areas of conflict and disputes during contract negotiation as a preventive measure. Upon occurrence of disputes, we provide structured mediation to assist parties to avoid lengthy and expensive litigation proceedings, and encourage them to preserve and resume their commercial relationships.
As a mechanism for dispute resolution, contracting parties nowadays tend to prefer arbitration as an alternative dispute resolution mode due to its speed and privacy. More specifically in Yemen, due to the controversial judicial system, we encourage and promote the use of specialized experts from various fields to be appointed as arbitrators due to their better appreciation of the technical aspects of disputes.
We provide our clients with advice concerning the clarity of arbitration agreements, the quality and legal competence of the arbitrators appointed, the observance of all relevant procedural and mandatory laws, and issues of public policy concerning the enforceability of awards. Members of the firm have acted as counsels and expert witnesses in a number of multi-million dollar international arbitrations under ICSID, UNCITRAL, ICC, SCC and GAFTA.