The Company Arbitration Agreement is essential for businesses operating in the UAE seeking to establish a clear and enforceable dispute resolution mechanism. This document becomes particularly relevant when companies wish to avoid local court proceedings and prefer the flexibility, confidentiality, and international enforceability offered by arbitration. The agreement is structured to comply with UAE Federal Law No. 6 of 2018 and can be customized for use in mainland UAE, DIFC, or ADGM jurisdictions. It includes comprehensive provisions covering the arbitration process, tribunal formation, applicable rules, and enforcement mechanisms, while addressing specific UAE legal requirements for valid arbitration agreements. This document is typically implemented at the start of business relationships or can be incorporated into existing commercial contracts to provide certainty in dispute resolution procedures.
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1. Parties: Identification of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and the parties' intention to resolve disputes through arbitration
3. Definitions: Key terms used throughout the agreement, including 'Dispute', 'Arbitral Tribunal', 'Rules', etc.
4. Agreement to Arbitrate: Clear expression of parties' consent to submit disputes to arbitration and the scope of arbitrable matters
5. Arbitration Procedure: Details of how arbitration will be initiated and conducted, including applicable rules
6. Seat of Arbitration: Specification of the legal seat of arbitration (e.g., UAE mainland, DIFC, or ADGM)
7. Language of Arbitration: Designated language(s) for the arbitration proceedings and documentation
8. Arbitral Tribunal: Number of arbitrators and the process for their appointment
9. Governing Law: Law governing the substance of disputes and the arbitration agreement
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
11. Costs: Allocation of arbitration costs and legal fees
12. Final and Binding Nature: Confirmation that the arbitral award will be final and binding on the parties
1. Emergency Arbitrator: Provisions for emergency relief before the constitution of the tribunal, particularly relevant for time-sensitive disputes
2. Multi-Party Provisions: Procedures for arbitration involving multiple parties, needed when there are group companies or potential third-party involvement
3. Interim Measures: Powers of the tribunal to grant interim relief, useful for preserving assets or evidence
4. Document Preservation: Obligations regarding maintenance and production of documents, important for complex commercial disputes
5. Expert Determination: Provision for technical matters to be referred to expert determination before or during arbitration
6. Mediation Step: Requirement to attempt mediation before commencing arbitration, useful for maintaining business relationships
7. Joinder and Consolidation: Provisions allowing related arbitrations to be joined or consolidated, relevant for complex corporate relationships
1. Schedule 1: Notice Details: Contact information and addresses for service of notices related to arbitration
2. Schedule 2: Arbitration Rules: Specific institutional rules or modified procedures chosen by the parties
3. Schedule 3: Fee Schedule: Details of administrative fees, arbitrator fees, and other costs
4. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B: Corporate Authority Documentation: Evidence of authority to enter into arbitration agreement
6. Appendix C: Model Arbitrator Declaration: Template for arbitrator declarations of independence and impartiality
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