This Valid Arbitration Agreement is designed for use in the United Arab Emirates, providing parties with a formal mechanism to resolve disputes through arbitration rather than traditional court litigation. The document is essential when parties wish to establish a clear, binding framework for dispute resolution that offers confidentiality, flexibility, and international enforceability. It complies with UAE Federal Law No. 6 of 2018 (UAE Arbitration Law) and includes crucial elements such as the scope of arbitrable disputes, arbitrator selection process, applicable rules, and enforcement provisions. The agreement is particularly valuable for commercial relationships where parties prefer specialized dispute resolution, faster proceedings, and the ability to enforce awards internationally under the New York Convention, to which the UAE is a signatory.
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1. Parties: Identification of all parties entering into the arbitration agreement, including full legal names, addresses, and registration details
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Agreement to Arbitrate: Clear and unequivocal expression of parties' consent to submit disputes to arbitration
5. Scope of Arbitration: Specific description of disputes covered by the arbitration agreement
6. Arbitration Rules: Specification of the rules governing the arbitration (e.g., DIAC, ADCCAC, ICC)
7. Seat of Arbitration: Designation of the legal seat of arbitration within the UAE
8. Language of Arbitration: Specification of the language(s) to be used in proceedings
9. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of tribunal
10. Governing Law: Law governing the substance of disputes and the arbitration agreement
11. Awards: Provisions regarding the nature of award (final and binding) and enforcement
12. Costs: Allocation of arbitration costs and legal fees
13. Confidentiality: Obligations regarding confidentiality of proceedings and materials
14. Notices: Process for serving notices related to arbitration proceedings
15. Execution: Signature blocks and execution formalities
1. Multi-Party Provisions: Specific procedures for arbitration involving multiple parties
2. Interim Measures: Provisions for emergency relief and interim measures
3. Expert Determination: Procedures for appointing and utilizing expert witnesses
4. Mediation-First Requirement: Obligation to attempt mediation before commencing arbitration
5. Document Preservation: Requirements for maintaining relevant documents and evidence
6. Time Limits: Specific deadlines for various stages of the arbitration process
7. Technology and Virtual Hearings: Provisions for conducting virtual hearings and using technology
8. Appeals: Any agreed procedures for appealing the arbitral award
1. Schedule 1 - Arbitration Rules: Complete copy of chosen institutional arbitration rules
2. Schedule 2 - Fee Schedule: Detailed breakdown of administrative fees and arbitrator compensation
3. Schedule 3 - Special Procedures: Any specific procedures agreed by the parties
4. Appendix A - Form of Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B - Arbitrator Qualifications: Required qualifications and experience for arbitrators
6. Appendix C - Document Production Protocol: Agreed procedures for document disclosure and production
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