The Employee Arbitration Agreement serves as a crucial document in the UAE employment relationship, establishing an alternative dispute resolution mechanism that aligns with both UAE labour laws and arbitration regulations. This agreement becomes relevant at the commencement of employment or can be implemented during ongoing employment relationships, providing a more efficient and confidential alternative to court litigation. The document details the complete arbitration process, from initiation to award enforcement, while ensuring compliance with UAE Federal Law No. 33 of 2021 and Federal Law No. 6 of 2018. It addresses specific requirements for different UAE jurisdictions, including mainland UAE, DIFC, and ADGM, and contains essential provisions regarding arbitrator selection, cost allocation, and procedural rules. The agreement helps organizations manage employment disputes effectively while maintaining positive workplace relationships and legal compliance.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the agreement, including employment relationship and purpose of arbitration agreement
3. Definitions: Key terms used throughout the agreement, including 'Arbitration', 'Dispute', 'Claims', etc.
4. Scope of Agreement: Coverage of the arbitration agreement, specifying which disputes and claims are subject to arbitration
5. Agreement to Arbitrate: Core provision where parties agree to submit covered disputes to arbitration
6. Arbitration Procedures: Process for initiating arbitration, selecting arbitrators, and conducting proceedings
7. Governing Law: Specification of UAE law as governing law and reference to relevant legislation
8. Costs and Fees: Allocation of arbitration costs and fees between parties
9. Confidentiality: Obligations regarding confidentiality of arbitration proceedings
10. Severability: Provision ensuring remainder of agreement remains valid if any part is found unenforceable
11. Acknowledgment: Employee's acknowledgment of understanding and voluntary acceptance of agreement
12. Execution: Signature blocks and execution requirements
1. Class Action Waiver: Waiver of right to participate in class actions, used where permitted by law
2. Language of Arbitration: Specification of arbitration language(s), important for multinational companies
3. Discovery Procedures: Detailed rules for information exchange, used in complex employment relationships
4. Emergency Relief: Procedures for seeking emergency relief or interim measures
5. Alternative Dispute Resolution: Pre-arbitration mediation or negotiation requirements
6. Technology and Virtual Hearings: Provisions for conducting virtual arbitration proceedings
7. Free Zone Specific Provisions: Additional provisions for DIFC or ADGM employees
1. Schedule 1 - Arbitration Procedures: Detailed step-by-step arbitration procedures and timelines
2. Schedule 2 - Arbitrator Selection Process: Process and criteria for selecting arbitrators
3. Schedule 3 - Fee Schedule: Detailed breakdown of arbitration costs and fee structure
4. Appendix A - Arbitration Request Form: Standard form for initiating arbitration proceedings
5. Appendix B - List of Approved Arbitration Centers: List of recognized arbitration centers in UAE
6. Appendix C - Excluded Claims: Detailed list of claims excluded from arbitration requirement
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