The International Arbitration Agreement is essential for businesses engaging in cross-border transactions within or through the UAE. It provides a secure legal framework for dispute resolution that combines the reliability of UAE law with international arbitration standards. The agreement is particularly relevant given the UAE's position as a major global business hub and its modern arbitration framework under Federal Law No. 6 of 2018. This document should be used when parties wish to establish a clear, enforceable mechanism for resolving international commercial disputes through arbitration, ensuring that any resulting award will be recognizable and enforceable both within the UAE and internationally under the New York Convention.
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1. Parties: Identification of the parties entering into the arbitration agreement, including full legal names, registration details, and addresses
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 expression of parties' consent to submit disputes to arbitration
5. Scope of Arbitration: Detailed description of what disputes are covered by the arbitration agreement
6. Seat of Arbitration: Specification of UAE as the legal seat of arbitration and the implications
7. Arbitration Rules: Designation of the applicable arbitration rules (e.g., DIAC, ADCCAC, ICC)
8. Language of Arbitration: Specification of the language(s) to be used in the arbitration proceedings
9. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of the tribunal
10. Governing Law: Specification of UAE law as the governing law of the arbitration agreement
11. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings
12. Costs: Allocation of arbitration costs and legal fees
13. Final and Binding Nature: Confirmation that the arbitral award will be final and binding
14. Notices: Process for serving notices related to the arbitration
15. Execution: Signature blocks and execution formalities
1. Emergency Arbitrator Provisions: Provisions for urgent interim relief before the constitution of the tribunal
2. Multi-tier Dispute Resolution: Include when parties want to mandate negotiation or mediation before arbitration
3. Consolidation and Joinder: Include when multiple related contracts or parties might be involved
4. Document Preservation: Special provisions for maintaining relevant documents
5. Expert Determination: For technical matters that may require expert determination before or alongside arbitration
6. Split Clauses: Where certain disputes are carved out for court jurisdiction
7. Time Limits: Specific timeframes for various stages of the arbitration process
1. Model Notice of Arbitration: Template for initiating arbitration proceedings
2. Arbitrator Qualifications: Specific requirements and qualifications for arbitrators
3. Fee Schedule: Details of administrative fees and arbitrator compensation
4. Related Agreements: List of agreements covered by the arbitration clause
5. Language Requirements: Detailed requirements for translations and interpreters if multiple languages are involved
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