The Arbitration method is the most commonly used method in the UAE for the resolution of complex construction, energy, and power disputes and other commercial disputes involving international parties.
Arbitration, subject to the specific exception of investment treaty arbitration, is a consensual, contractual, dispute resolution procedure that requires the agreement of the parties to a dispute.
Parties may consent to submit a dispute arising under a contract to arbitration after the dispute has arisen by concluding a separate arbitration agreement ex post facto. Usually, however, parties will agree in advance to the resolution by arbitration of all disputes arising out of or in connection with a particular contract by the incorporation of an arbitration clause in the contract itself.
Unlike many Dubai firms, we represent clients in arbitration proceedings in both the Arabic and English languages.
We handle arbitration proceedings under all the major institutional and ad hoc arbitration rules, including those of the two most prominent arbitral institutions in Dubai, the Dubai International Arbitration Centre (DIAC) and the DIFC-LCIA Arbitration Centre – which is located in the Dubai International Financial Centre (DIFC) – a special economic zone in Dubai which has its own Court system separate from ‘onshore’ Dubai and its own legal regime modelled on English law.
Notably, by a 2021 decree of the Emirate of Dubai (Decree No. 34 of 2021), Dubai abolished the DIFC-LCIA Arbitration Centre’s administering body, the DIFC Arbitration Institute (DAI), and expanded the role of DIAC to include the administration of arbitrations subject to the DIFC-LCIA rules and also those subject to the rules of the local Emirates Maritime Arbitration Centre.
We are also familiar with the other major institutional arbitration rules including the rules of ADCCAC (Abu Dhabi Commercial Conciliation and Arbitration Centre), the ADGM Arbitration Centre also in Abu Dhabi, and the International Chamber of Commerce (ICC).
In addition, we have substantial experience with arbitrations under the UNCITRAL ad hoc arbitration rules, and significant experience with investment treaty arbitrations, which are generally subject to the rules of ICSID (an organization affiliated with the World Bank.
We also act in Alternative Dispute Resolution (‘ADR’) proceedings, including DAB and DRB proceedings, expert determinations, and mediations.
As a bi-lingual practice, we handle both substantive arbitration method proceedings and arbitration method annulment and enforcement actions – which require local litigation expertise – under one roof.
This distinguishes us from several international law firms based in Dubai that act as arbitration counsel but outsources enforcement and other litigation matters.
We believe that clients are entitled to counsel who is an expert in the law of the jurisdiction in which they practice and who is familiar with all relevant jurisprudence. Because we are a bi-lingual practice, in the context of English language arbitration proceedings, we are able to identify relevant Arabic language jurisprudence which may not be available in translation, and to take witness statements in Arabic when necessary.
We accept arbitration instructions throughout the MENA region, and our attorneys have experience in arbitration proceedings subject to Egyptian law, Omani law, Jordanian law, and Lebanese law, as well as UAE law.