The Applicable Law Arbitration Agreement is a crucial document for businesses operating in or with connections to the United Arab Emirates. It provides a legally binding framework for dispute resolution through arbitration, specifically tailored to comply with UAE Federal Law No. 6 of 2018 and related UAE legislation. This agreement is typically used when parties wish to ensure their disputes are resolved through arbitration while maintaining UAE law as the governing law. It includes essential provisions regarding the arbitration seat, procedure, language, and enforcement mechanisms, while taking into account specific requirements of UAE law and local arbitration institutions such as DIAC or ADCCAC. The document is particularly relevant for commercial contracts where parties seek to benefit from the UAE's arbitration-friendly environment while ensuring compliance with local legal requirements.
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1. Parties: Identification of all parties entering into the arbitration agreement, including full legal names, registration details, and addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement, including specific UAE legal terminology
4. Agreement to Arbitrate: Clear expression of parties' consent to submit disputes to arbitration, specifying scope of arbitrable matters
5. Governing Law: Explicit statement of UAE law as governing law, with reference to specific Emirates if applicable
6. Arbitration Rules: Specification of applicable arbitration rules (e.g., DIAC, ADCCAC, ICC)
7. Seat of Arbitration: Designation of arbitration seat within UAE (e.g., Dubai, Abu Dhabi, DIFC)
8. Language of Arbitration: Specification of arbitration language(s), typically Arabic and/or English
9. Arbitrator Appointment: Process for selecting arbitrators, including number of arbitrators and appointment procedure
10. Confidentiality: Provisions regarding confidentiality of arbitration proceedings and related documents
11. Costs: Allocation of arbitration costs and legal fees
12. Notices: Requirements for serving notices related to arbitration proceedings
13. Severability: Provision ensuring remainder of agreement remains valid if any part is found invalid
1. Emergency Arbitrator: Provisions for emergency relief before tribunal constitution, recommended for time-sensitive disputes
2. Multi-party Provisions: Special provisions for arbitrations involving multiple parties, used when more than two parties are involved
3. Interim Measures: Provisions regarding interim relief from courts or tribunal, recommended for complex commercial disputes
4. Document Production: Specific rules for document disclosure, useful in complex commercial cases
5. Expert Determination: Provisions for technical expert appointment and determinations, relevant for technical/industry-specific disputes
6. Time Limits: Specific timeframes for various stages of arbitration, recommended for expedited proceedings
7. Appeals: Provisions regarding appeals of arbitral awards, if permitted under chosen rules
8. Mediation-Arbitration: Step-clause requiring mediation before arbitration, useful for preserving business relationships
1. Notice Details: Contact information and addresses for service of notices
2. Model Request for Arbitration: Template for initiating arbitration proceedings
3. Fee Schedule: Reference to applicable arbitration institution fee schedules
4. Arbitrator Qualifications: Specific requirements for arbitrator qualifications and experience
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