Federal Law on Concerning the Arbitration

Federal Law No. (6) of 2018 Concerning the Arbitration

Issued Date: 03 May 2018
Effective Date: 04 Jul 2018
Official Gazette Date: 15 May 2018
Official Gazette No: 630
Legislation State: Active
Legislation Amendments: 1
Last update on this law was listed on 04 Sep 2023

Index (Chapters and Articles):

Chapter One: Definitions and Applicability
- Article (1) Definitions
- Article (2) Applicability
- Article (3) International Character of Arbitration

Chapter Two: Arbitration Agreement
- Article (4) Capacity of Agree on Arbitration
- Article (5) Forms of the Arbitration Agreement
- Article (6) Divisibility of Arbitration Agreement
- Article (7) Writing of the Arbitration Agreement
- Article (8) Decision on the Dispute Covered by the Arbitration Agreement

Chapter Three: Arbitral Tribunal
- Article (9) Formation of the Arbitral Tribunal
- Article (10) BIS Conditions to be met by an Arbitrator from Members of Supervisory or Controlling Boards
- Article (10) Conditions to be Met by the Arbitrators
- Article (11) Method of Nomination of the Arbitral Tribunal
- Article (12) Issuing Decisions of the Arbitral Proceedings
- Article (13) Breach of the Arbitral Tribunal Nominations Procedures
- Article (14) Challenge of the Arbitrators
- Article (15) Procedures for Challenging the Arbitrator
- Article (16) Termination of the Arbitrator Mandate
- Article (17) Appointment of the Substitute Arbitrator
- Article (18) General Jurisdiction Over Arbitration Measures
- Article (19) Jurisdiction of the Arbitral Tribunal to Decide on its Jurisdiction
- Article (20) Time Limit of File a Plea to the Jurisdiction of the Arbitral Tribunal
- Article (21) Interim of Precautionary Measures

Chapter Four: Arbitral Proceedings
- Article (22) Impleader and Intervention in Arbitration
- Article (23) Determination of the Procedures to be Followed
- Article (24) Service of Process
- Article (25) Waiver of the Right to Object
- Article (26) Equality of the Parties to Arbitration
- Article (27) Commencing the Arbitral Proceedings
- Article (28) Seat and Proceedings of Arbitration
- Article (29) Language of Arbitration
- Article (30) Statement of Claim and Grounds for Defense
- Article (31) Documents Supporting the Statement of Claim and Grounds of Defense
- Article (32) Breach by Parties of their Obligations
- Article (33) Arbitration Proceedings and Hearings
- Article (34) Parcourse to Experts
- Article (35) Witnesses
- Article (36) Authority of the Court of Order Production of Evidence

Chapter Five: Arbitral Award
- Article (37) Application of the Law of Choice to the Subject Matter of the Dispute
- Article (38) Authority of the Arbitral Tribunal to Identify the Law Applicable to the Subject Matter
- Article (39) Interim and Partial Awards
- Article (40) Arbitral award on Agreed Terms
- Article (41) Form and Description of the Arbitral Award
- Article (42) Timing for the Final Award
- Article (43) Deciding of the Preliminary Matters
- Article (44) Service of the Arbitral Award
- Article (45) Termination of the Arbitral Proceedings
- Article (46) Arbitration Expenses
- Article (47) Refrainment from Delivering the Award in Case of Non-Payment of the Expenses
- Article (48) Confidentiality of Awards
- Article (49) Interpretation of the Award
- Article (50) Correction of Material Errors in Awards
- Article (51) Additional Arbitral Award
- Article (52) Binding Force of the Awards
- Article (53) Appeal of the Award
- Article (54) Action for the Annulment of the Arbitral Award
- Article (55) Enforcement of the Arbitral Award
- Article (56) Request for the Suspension of the Arbitral Award
- Article (57) Challenging the Arbitral Award Enforcement Order

Chapter Six: Final Provision
- Article (58) Code of Ethical Conduct for Arbitrators and their Rosters
- Article (59) Inter-Temporal Scope of this Law
- Article (60) Repeal of the Contradictory Provisions
- Article (61) Publication and Entry Into Force of this Law

Preamble (preview):
We, Khalifa Bin Zayed Al Nahyan, President of the United Arab Emirates,
Having perused: - The Constitution; - Federal Law No. (1) of 1972 Concerning the Competences of the... [preview truncated]
Hereby enact the following Law:

Article Body Previews (full text not captured verbatim -- refer to source URL for complete text):

Article (1) Definitions: For the purposes of this Law, the following terms and expressions shall bear the meanings assigned t... [preview truncated]
Terms defined include: The State (UAE); Arbitration; The Arbitration Agreement; The Arbitral Tribunal; The Court; The Arbitral Entity; The Delegated Person; The Body Concerned; The Parties; The Claimant; The Respondent.

Article (2) Applicability: The provisions of this Law shall apply to: 1. Any arbitration conducted inside the State, unless its... [preview truncated]

Article (3) International Character of Arbitration: The Arbitration is considered international arbitration, even if it is conducted in the State, in an... [preview truncated]

Article (4) Capacity of Agree on Arbitration: 1. Only the natural person, who has the capacity to exercise its rights, or the representative of th... [preview truncated]

Article (5) Forms of the Arbitration Agreement: 1. The Arbitration Agreement may be concluded prior to the occurrence of the dispute, whether in the... [preview truncated]

Article (6) Divisibility of Arbitration Agreement: 1. The Arbitration Agreement shall be treated as independent from the other conditions provided for... [preview truncated]

Article (7) Writing of the Arbitration Agreement: 1. The Arbitration Agreement shall be in writing; otherwise it shall be void. 2. The Arbitration Agr... [preview truncated]

Article (8) Decision on the Dispute Covered by the Arbitration Agreement: 1. The court, before which an action was instituted regarding a dispute in respect of which an Arbit... [preview truncated]

Article (9) Formation of the Arbitral Tribunal: 1. The Arbitral Tribunal shall be constituted, on the basis of an agreement between the parties, of... [preview truncated]

Article (10) BIS Conditions to be met by an Arbitrator from Members of Supervisory or Controlling Boards: 1. With exception to the provisions of clause (B.1) of Article (10) of this Decree by Law, the Parti... [preview truncated]
a. The regulations of the arbitration institution competent with the administration of the arbitral... [preview truncated]
1. To refrain from exploiting his capacity in a manner that creates a conflict of interests or leads... [preview truncated]
h. Any other conditions or requirements determined by the competent arbitration institution.
2. The violation of the conditions referred to in this Article shall result in the invalidity of the... [preview truncated]

Article (10) Conditions to be Met by the Arbitrators: 1. In addition to the requirements agreed upon by the parties, the arbitrator shall meet the followi... [preview truncated]
a. Shall be a natural person who is not a minor, interdict, or deprived of his or her civic rights f... [preview truncated]
2. The Arbitrator is not required to be of a given gender or nationality, unless otherwise agreed up... [preview truncated]

Article (11) Method of Nomination of the Arbitral Tribunal: 1. The parties to Arbitration may mutually agree on the procedures to be followed to appoint the Arb... [preview truncated]

Article (12) Issuing Decisions of the Arbitral Proceedings: Any decision in the arbitral proceedings where there are more than one arbitrator shall be taken the... [preview truncated]

Article (13) Breach of the Arbitral Tribunal Nominations Procedures: In case one of the parties to Arbitration breaches the procedures to be adopted for nomination of th... [preview truncated]

Article (14) Challenge of the Arbitrators: 1. An arbitrator may be challenged only if circumstances that give rise to serious doubts regarding... [preview truncated]

Article (15) Procedures for Challenging the Arbitrator: The parties to Arbitration may agree on the procedures of challenging arbitrators. Failing that agre... [preview truncated]

Article (16) Termination of the Arbitrator Mandate: 1. If the Arbitrator is unable to assume his or her duties, fails to perform his or her task, interr... [preview truncated]

Article (17) Appointment of the Substitute Arbitrator: 1. If the mandate of an arbitrator expires due to challenge, dismissal, withdrawal, or any other rea... [preview truncated]

Article (18) General Jurisdiction Over Arbitration Measures: 1. The competent court shall have jurisdiction to consider the arbitration matters referred to in th... [preview truncated]

Article (19) Jurisdiction of the Arbitral Tribunal to Decide on its Jurisdiction: 1. The Arbitral Tribunal shall decide on any plea to the jurisdiction, including the plea claiming t... [preview truncated]

Article (20) Time Limit of File a Plea to the Jurisdiction of the Arbitral Tribunal: 1. The plea to the jurisdiction of the Arbitral Tribunal shall be filed within the period prescribed... [preview truncated]

Article (21) Interim of Precautionary Measures: 1. Subject to the provisions of Article (18) of this Law, unless otherwise agreed by the parties, th... [preview truncated]

Article (22) Impleader and Intervention in Arbitration: The Arbitral Tribunal may, at the request of any party, permit the impleading or intervention of any... [preview truncated]

Article (23) Determination of the Procedures to be Followed: 1. The parties may agree on the procedures to be adopted by the Arbitral Tribunal to proceed with th... [preview truncated]

Article (24) Service of Process: 1. The provisions set forth in this Clause shall be applicable, unless the parties agree upon otherw... [preview truncated]

Article (25) Waiver of the Right to Object: If one of the parties knows that any requirement under the Arbitration Agreement has been violated o... [preview truncated]

Article (26) Equality of the Parties to Arbitration: The parties to arbitration shall be treated with equality and afforded adequate and sufficient oppor... [preview truncated]

Article (27) Commencing the Arbitral Proceedings: 1. Unless otherwise agreed by the parties to Arbitration, the Arbitral Proceedings shall commence fr... [preview truncated]

Article (28) Seat and Proceedings of Arbitration: 1. The parties to arbitration may agree on the seat of arbitration in reality or virtually through m... [preview truncated]

Article (29) Language of Arbitration: 1. Arbitral proceedings shall be conducted in Arabic, unless the parties agree otherwise. 2. The agr... [preview truncated]

Article (30) Statement of Claim and Grounds for Defense: 1. Unless otherwise agreed by the parties or determined by the Arbitral Tribunal, the Claimant shall... [preview truncated]

Article (31) Documents Supporting the Statement of Claim and Grounds of Defense: Both the parties may enclose with the statement of claim or with the statement of defense, as the ca... [preview truncated]

Article (32) Breach by Parties of their Obligations: Subject to the provisions of Article (30) of this Law, and unless otherwise agreed by the parties, t... [preview truncated]

Article (33) Arbitration Proceedings and Hearings: 1. The arbitration proceedings and hearing shall be confidential, unless otherwise agreed by the par... [preview truncated]

Article (34) Parcourse to Experts: 1. Unless other with agreed by the parties, the Arbitral Tribunal may appoint one or more experts to... [preview truncated]

Article (35) Witnesses: The Arbitral Tribunal may hear the statements of witnesses, including expert witnesses, through mean... [preview truncated]

Article (36) Authority of the Court of Order Production of Evidence: 1. The Arbitral Tribunal may, on its own accord or at the request of one of the parties, seek assist... [preview truncated]

Article (37) Application of the Law of Choice to the Subject Matter of the Dispute: 1. The Arbitral Tribunal shall apply the terms and conditions agreed upon between the parties to the... [preview truncated]

Article (38) Authority of the Arbitral Tribunal to Identify the Law Applicable to the Subject Matter: 1. If the parties fail to agree on the statutory rules applicable to the subject matter of the dispu... [preview truncated]

Article (39) Interim and Partial Awards: 1. The Arbitral Tribunal may make interim or partial awards before rendering its final award ending... [preview truncated]

Article (40) Arbitral award on Agreed Terms: In case the parties agree to make a settlement bringing an end to the dispute amicably, before the f... [preview truncated]

Article (41) Form and Description of the Arbitral Award: 1. The arbitral award shall be passed in writing. 2. When there is more than one arbitrator, the awa... [preview truncated]

Article (42) Timing for the Final Award: 1. The Arbitral Tribunal shall render the final award ending the entire dispute within the period ag... [preview truncated]

Article (43) Deciding of the Preliminary Matters: If, in the course of the arbitral proceedings, a question outside the jurisdiction of the Arbitral T... [preview truncated]

Article (44) Service of the Arbitral Award: Subject to the provisions of Article (47) of this Law, the Arbitral Tribunal shall notify all partie... [preview truncated]

Article (45) Termination of the Arbitral Proceedings: 1. The arbitral proceedings shall be terminated by rendering the final award ending the dispute by t... [preview truncated]

Article (46) Arbitration Expenses: 1. Unless the parties agree otherwise, the arbitral tribunal shall be allowed to evaluate the arbitr... [preview truncated]

Article (47) Refrainment from Delivering the Award in Case of Non-Payment of the Expenses: 1. Without prejudice to the right of the arbitrators to claim their fees and expenses from the parti... [preview truncated]

Article (48) Confidentiality of Awards: The arbitral awards shall be confidential and may not be published in whole or in part without the w... [preview truncated]

Article (49) Interpretation of the Award: 1. Once the arbitral award is rendered, the Arbitral Tribunal shall have no authority to decide on a... [preview truncated]

Article (50) Correction of Material Errors in Awards: 1. The Arbitral Tribunal shall correct any purely material errors in its award, whether typographica... [preview truncated]

Article (51) Additional Arbitral Award: 1. Each party may, within thirty (30) days following the date of receipt of the arbitral award, requ... [preview truncated]

Article (52) Binding Force of the Awards: Arbitral Awards rendered in accordance with the provisions of the present Law shall be binding to al... [preview truncated]

Article (53) Appeal of the Award: 1. Arbitral awards shall not be challenged except by instituting an action for annulment or during t... [preview truncated]

Article (54) Action for the Annulment of the Arbitral Award: 1. The judgment rendered by the court on the action for annulment shall be final and shall not be su... [preview truncated]

Article (55) Enforcement of the Arbitral Award: 1. The party desiring to enforce the arbitral award shall submit a request for the confirmation of t... [preview truncated]

Article (56) Request for the Suspension of the Arbitral Award: 1. The filing of an annulment action does not entail the suspension of the arbitral award. However,... [preview truncated]

Article (57) Challenging the Arbitral Award Enforcement Order: A grievance may filed before the competent court of appeal against the Court decision ordering the e... [preview truncated]

Article (58) Code of Ethical Conduct for Arbitrators and their Rosters: 1. The Minister of Economy shall issue the Code of Ethical Conduct for Arbitrators in coordination w... [preview truncated]

Article (59) Inter-Temporal Scope of this Law: The provisions of this Law shall apply to any ongoing Arbitration at the time of its entry into forc... [preview truncated]

Article (60) Repeal of the Contradictory Provisions: 1. Articles (203-218) of Federal Law No. (11) of 1992 referred to above are hereby repealed, provide... [preview truncated]

Article (61) Publication and Entry Into Force of this Law: This Law shall be published in the Official Gazette and shall enter into force one month following t... [preview truncated]