The Voluntary Arbitration Agreement serves as a crucial legal instrument in the UAE business environment, providing parties with a structured alternative to traditional court litigation. This document is typically used when parties wish to establish arbitration as their preferred dispute resolution method at the outset of their business relationship, rather than waiting until a dispute arises. The agreement must comply with UAE Federal Law No. 6 of 2018 and related regulations, while also considering international arbitration standards where applicable. It contains essential elements such as the scope of arbitrable disputes, arbitrator selection procedures, seat of arbitration, and enforcement provisions. The document is particularly valuable in the UAE context, where arbitration is increasingly favored for its confidentiality, flexibility, and enforcement advantages under both local and international frameworks.
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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 the relationship between the parties
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Agreement to Arbitrate: Clear expression of parties' consent to submit disputes to arbitration, specifying the types of disputes covered
5. Scope of Arbitration: Detailed description of matters that will be subject to arbitration
6. Arbitration Rules: Specification of the rules governing the arbitration (e.g., DIAC, ADCCAC, ICC rules)
7. Seat of Arbitration: Designation of the legal seat of arbitration and venue for hearings
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. Confidentiality: Obligations regarding confidentiality of the arbitration proceedings and materials
12. Costs: Allocation of arbitration costs and legal fees
13. Notice Provisions: Methods and addresses for serving notices related to arbitration
14. Execution: Signature blocks and execution formalities
1. Emergency Arbitrator Provisions: Procedures for emergency relief before tribunal constitution
2. Multi-Party Provisions: Special provisions for arbitrations involving more than two parties
3. Consolidation and Joinder: Provisions allowing related arbitrations to be combined or additional parties joined
4. Expert Determination: Procedures for referring technical matters to expert determination
5. Mediation Step: Requirement to attempt mediation before proceeding to arbitration
6. Time Limits: Specific timeframes for various stages of the arbitration process
7. Document Preservation: Obligations regarding maintenance and production of documents
8. Industry-Specific Provisions: Special provisions relevant to particular industries or sectors
1. Schedule 1: Arbitration Request Form: Template form for initiating arbitration proceedings
2. Schedule 2: Arbitrator Qualifications: Required qualifications and experience for arbitrators
3. Schedule 3: Fee Schedule: Detailed breakdown of administrative fees and arbitrator compensation
4. Schedule 4: Procedural Timetable: Standard timeline for various stages of the arbitration process
5. Appendix A: Notice Details: Detailed contact information for serving notices to all parties
6. Appendix B: Required Documents: List of documents to be submitted in arbitration proceedings
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