The Mutual Agreement To Arbitrate Claims serves as a crucial document in the UAE business environment, establishing arbitration as the agreed method of dispute resolution between parties. This agreement is particularly relevant in light of the UAE's sophisticated arbitration framework under Federal Law No. 6 of 2018, which aligns with international standards while maintaining local legal requirements. The document is typically used when parties wish to ensure disputes are resolved through arbitration rather than court litigation, providing a more flexible, confidential, and potentially expeditious resolution process. It includes essential provisions for arbitration procedures, arbitrator selection, cost allocation, and enforcement mechanisms, while ensuring compliance with UAE public policy and mandatory legal requirements. The agreement can be used either as a standalone document or incorporated into broader commercial contracts, employment agreements, or business arrangements.
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1. Parties: Identification of all parties entering into the arbitration agreement, including full legal names and addresses
2. Background: Context of the relationship between the parties and the purpose of entering into the arbitration agreement
3. Definitions: Key terms used throughout the agreement, including specific definitions required under UAE law
4. Agreement to Arbitrate: Clear and explicit agreement by all parties to submit disputes to arbitration, as required by UAE Federal Law No. 6 of 2018
5. Scope of Arbitration: Detailed description of which disputes and claims are subject to arbitration and any specific exclusions
6. Arbitration Procedures: Process for initiating arbitration, selecting arbitrators, and conducting proceedings
7. Governing Law and Seat: Specification of UAE law as governing law and designation of arbitration seat
8. Language of Arbitration: Specification of the language(s) to be used in arbitration proceedings
9. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and any related documents
10. Costs and Fees: Allocation of arbitration costs, administrative fees, and legal expenses
11. Final and Binding Nature: Statement that the arbitration award will be final and binding on all parties
12. Execution: Signature blocks and execution requirements compliant with UAE law
1. Emergency Relief: Procedures for seeking emergency relief or interim measures, optional for agreements where urgent remedies might be needed
2. Multi-Party Provisions: Special provisions for arbitration involving multiple parties, included when more than two parties are involved
3. Mediation-First Requirement: Requirement to attempt mediation before proceeding to arbitration, optional step for parties wanting to encourage settlement
4. Specialized Industry Provisions: Industry-specific arbitration requirements, included for agreements in regulated sectors
5. Appeals Process: Optional provisions for appealing arbitration awards within specific parameters, if parties want additional review options
6. Severability: Provisions ensuring survival of arbitration agreement if other contract terms are invalid, recommended for complex agreements
1. Schedule 1 - Arbitration Rules: Detailed procedural rules governing the arbitration process, either by reference to institutional rules or custom provisions
2. Schedule 2 - Fee Schedule: Detailed breakdown of administrative fees, arbitrator fees, and other costs
3. Schedule 3 - Required Qualifications of Arbitrators: Specific qualifications, experience, and credentials required for arbitrators
4. Appendix A - Notice Requirements: Forms and procedures for serving notices related to arbitration proceedings
5. Appendix B - Power of Attorney: Template for powers of attorney required for representing parties in UAE arbitration proceedings
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