About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

31 Arab L.Q. 1 (2017)

handle is hein.journals/arablq31 and id is 1 raw text is: 

                    ARAB  LAW QUARTERLY  31 (2017) 1-29          Arab Law
BRILL                                                            brill.com/alq

The   Enforceability of the Unfair Arbitration

Agreement in Consumer Disputes before

Dubai Courts

        Omar  Husain Qouteshat
     University of Central Lancashire, Preston, UK


Online transactions in the Gulf Cooperation Council (Gcc) region and particularly
Dubai has undergone a phenomenal rise in recent times. However, reform is required
to improve the legislation as it relates to consumer rights. Upon successful completion
of online transactions, consumers often end up agreeing to unclear arbitration clauses
among  other terms and conditions, thereby bearing extra costs and expenses. They
may also waive their right to litigate, which is a primary consideration and should be
secured. This article seeks to examine current legislation and court approaches in
Dubai, relating to consumer rights. Essentially, possible solutions directed at protect-
ing consumers from referring to arbitration.


consumer  protection - arbitration - e-commerce - enforcement - United Arab

1       Introduction

E-commerce   poses both risks and challenges that may be addressed by includ-
ing arbitration clauses in online contracts. In other words, by completing
and agreeing to the terms and conditions of the online contracts, consumers
might  agree to an arbitration clause among the general conditions. Hence,
they might be compelled to arbitrate and waive their right to take legal action

© KONINKLIJKE BRILL NV, LEIDEN, 2016 1 DOI 10.1163/15730255-12341330

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most