The Arbitration Submission Agreement is a crucial document used when parties with an existing dispute agree to resolve it through arbitration, even though they may not have a pre-existing arbitration clause in their original contract. This agreement is particularly important in the UAE context, where it must comply with Federal Law No. 6 of 2018 (UAE Federal Arbitration Law) and related regulations. The document specifies all essential elements of the arbitration process, including the precise scope of disputes, the chosen arbitration rules (such as DIAC, ADCCAC, or ICC), the seat of arbitration, and the applicable law. It can be used in various commercial contexts and must be carefully drafted to ensure enforceability in UAE courts or relevant free zone jurisdictions like DIFC or ADGM. The agreement demonstrates the parties' clear consent to arbitrate and provides a comprehensive framework for the proceedings, making it an essential tool for alternative dispute resolution in the UAE.
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1. Parties: Identification of all parties to the arbitration agreement, including full legal names, addresses, and registration details
2. Background: Context of the dispute, including reference to any existing contracts or relationships between the parties
3. Definitions: Key terms used throughout the agreement, ensuring consistent interpretation
4. Agreement to Arbitrate: Express agreement of the parties to submit their dispute to arbitration
5. Scope of Arbitration: Precise description of the disputes being submitted to arbitration
6. Seat of Arbitration: Specification of the arbitration venue and applicable procedural law
7. Arbitration Rules: Designation of the rules governing the arbitration (e.g., DIAC, ADCCAC, ICC)
8. Language of Arbitration: Specification of the language(s) to be used in the proceedings
9. Composition of Tribunal: Number of arbitrators and method of appointment
10. Governing Law: Law applicable to the substance of the dispute
11. Costs: Allocation of arbitration costs and legal fees
12. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings
13. Notices: Process for serving notices and communications
14. Execution: Signature blocks and execution formalities
1. Emergency Relief: Provisions for emergency arbitrator or interim measures, used when urgent relief might be needed
2. Multi-Party Provisions: Special provisions for cases involving more than two parties
3. Document Production: Specific rules for document disclosure, useful in complex disputes
4. Expert Determination: Provisions for appointment and role of experts, relevant in technical disputes
5. Appeals Process: Any agreed mechanisms for appealing the award, if desired by parties
6. Split Clauses: Provisions allowing certain matters to be referred to courts, used when hybrid dispute resolution is preferred
7. Mediation Step: Requirement to attempt mediation before arbitration, if parties want to include ADR steps
1. Schedule 1 - Dispute Summary: Detailed description of the dispute(s) being submitted to arbitration
2. Schedule 2 - Existing Contracts: Copies or summaries of relevant contracts between the parties
3. Schedule 3 - Arbitrator Qualifications: Specific qualifications required for the arbitrators
4. Schedule 4 - Procedural Timetable: Agreed timeline for the arbitration proceedings
5. Schedule 5 - Document Production Protocol: Agreed procedures for document disclosure and production
6. Appendix A - Power of Attorney: If applicable, powers of attorney for representatives signing the agreement
7. Appendix B - Supporting Documents: Key documents relevant to the dispute
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