The Arbitration Contract serves as a crucial legal instrument for establishing alternative dispute resolution mechanisms in the United Arab Emirates. It is designed for use when parties wish to avoid traditional court litigation and prefer to resolve their disputes through arbitration under UAE law. The document incorporates provisions compliant with Federal Law No. 6 of 2018 (UAE Arbitration Law) and considers the UAE's international arbitration commitments, including its participation in the New York Convention. This contract is particularly valuable for commercial relationships where confidentiality, expertise, and efficiency in dispute resolution are priorities. It includes detailed provisions for arbitrator selection, procedural rules, costs allocation, and enforcement mechanisms, while ensuring alignment with UAE public policy requirements and local arbitration practices.
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1. Parties: Identification and details of all parties entering into the arbitration agreement
2. Background: Context and circumstances leading to the arbitration agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Arbitration: Clear description of what disputes are covered by the arbitration agreement
5. Governing Law: Specification of UAE law as the governing law and relevant applicable regulations
6. Arbitration Rules: Specification of the arbitration rules to be followed (e.g., DIAC, ADCCAC, ICC)
7. Seat of Arbitration: Designation of the legal seat of arbitration within the UAE
8. Language of Arbitration: Specification of the language(s) to be used in the arbitration proceedings
9. Composition of Tribunal: Process for appointing arbitrators and constitution of the tribunal
10. Arbitration Proceedings: General procedures for conducting the arbitration
11. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
12. Costs: Allocation of arbitration costs and related expenses
13. Awards: Provisions regarding the nature and enforcement of arbitral awards
14. Notices: Procedures for serving notices and communications between parties
1. Emergency Arbitrator: Provisions for appointment of emergency arbitrator for urgent interim relief
2. Multi-party Provisions: Special provisions for cases involving multiple parties
3. Joinder and Consolidation: Provisions allowing additional parties to join or consolidation of related arbitrations
4. Expert Determination: Provisions for appointing technical experts for specific issues
5. Mediation-Arbitration: Hybrid dispute resolution process combining mediation and arbitration
6. Appeal Mechanism: Optional provisions for internal appeals within the arbitration framework
7. Document Preservation: Specific requirements for maintaining and preserving relevant documents
8. Technology and Virtual Hearings: Provisions for conducting virtual hearings and using specific technologies
1. Schedule 1: Arbitration Rules: Detailed arbitration rules if not referring to institutional rules
2. Schedule 2: Fee Schedule: Detailed breakdown of arbitration fees and costs
3. Schedule 3: Timeline: Expected timeline and key milestones for the arbitration process
4. Schedule 4: Document Production Protocol: Procedures for document production and exchange
5. Appendix A: Notice Forms: Template forms for various notices under the agreement
6. Appendix B: Tribunal Appointment Procedure: Detailed procedure for appointing arbitrators
7. Appendix C: Confidentiality Agreement: Form of confidentiality agreement for participants
8. Appendix D: Virtual Hearing Protocol: Procedures and requirements for virtual hearings
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