A Domestic Arbitration Agreement is essential for UAE-based parties who wish to establish a clear framework for resolving their disputes through arbitration rather than through the UAE courts. This document is typically used either as a standalone agreement or as a clause within a broader commercial contract when parties want to ensure their disputes are resolved efficiently and privately within the UAE jurisdiction. The agreement must comply with UAE Federal Law No. 6 of 2018 on Arbitration and specifies crucial elements such as the arbitration seat, tribunal composition, and procedural rules. It's particularly valuable for commercial relationships where parties prefer the flexibility, confidentiality, and specialized expertise that arbitration offers while maintaining the convenience of a domestic dispute resolution process.
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1. Parties: Identification of all parties to the arbitration agreement, including full legal names, addresses, and registration details for companies
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Agreement to Arbitrate: Clear statement of parties' consent to submit disputes to arbitration, specifying the scope of matters to be arbitrated
5. Seat of Arbitration: Specification of the emirate where the arbitration will be seated
6. Language of Arbitration: Designation of Arabic, English, or both as the language(s) of the arbitration
7. Governing Law: Specification of UAE law as the governing law of the arbitration agreement
8. Number and Appointment of Arbitrators: Process for selecting arbitrators and specification of the number of arbitrators
9. Arbitration Rules: Specification of the procedural rules to govern the arbitration
10. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
11. Costs: Allocation of arbitration costs and legal fees
12. Notices: Process for serving notices related to the arbitration
13. Execution: Signature blocks and execution formalities
1. Emergency Arbitrator: Provisions for emergency relief before the constitution of the tribunal, useful for time-sensitive disputes
2. Multi-party Provisions: Special provisions for cases involving more than two parties
3. Document Preservation: Specific obligations regarding maintenance and production of documents, useful in document-heavy disputes
4. Expert Determination: Provisions for referring specific technical matters to expert determination
5. Mediation Step: Requirement to attempt mediation before commencing arbitration
6. Appeals: Provisions regarding appeals of arbitral awards, if permitted
7. Interim Measures: Specific provisions regarding interim relief and court assistance
8. Split Clauses: Provisions giving one or both parties options to choose between arbitration and litigation
1. Schedule 1 - Notice Details: Contact details for service of notices and communications
2. Schedule 2 - Arbitrator Qualifications: Required qualifications and experience for arbitrators
3. Schedule 3 - Fee Schedule: Details of administrative fees and arbitrator compensation
4. Schedule 4 - Model Notice of Arbitration: Template for commencing arbitration proceedings
5. Appendix A - Underlying Agreement: Copy of the main agreement containing the arbitration clause (if this is a separate arbitration agreement)
6. Appendix B - Powers of Attorney: Copies of powers of attorney confirming authority to enter into arbitration agreement
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