Arbitration Lawyer Dubai

The DIFC-LCIA was formally abolished by Dubai Decree No. 34 of 2021, with its caseload and administration transferred to the Dubai International Arbitration Centre (DIAC). A contract still naming it names a body that no longer exists in that form, which can raise a genuine question about how the clause should now be read and applied.

For ongoing or future contracts, updating the clause to name DIAC directly removes any ambiguity, so it is usually worth doing, because foreign courts have not always treated a DIFC-LCIA clause as a reference to DIAC. It needs the other party's agreement, so the earlier you raise it, the easier it tends to be.

DIAC is the Dubai International Arbitration Centre, and it is now the sole Dubai-based domestic arbitration institution, having absorbed the DIFC-LCIA's caseload and the Emirates Maritime Arbitration Centre. International options such as the ICC and the ADGM Arbitration Centre remain available where a contract names them.

Onshore UAE-seated arbitration is governed by Federal Law No. 6 of 2018 Concerning Arbitration, which sets out the framework for the arbitration agreement, the conduct of proceedings, and the recognition and enforcement of awards. The DIFC and ADGM have their own frameworks, so the seat named in the clause matters.

In institutional arbitration, an institution such as DIAC, the ICC or the ADGM Arbitration Centre administers the case under its rules. In ad hoc arbitration, the parties and tribunal manage the process without one, which gives flexibility but depends on cooperation. The clause decides which applies.

Arbitration depends on the parties' agreement, so without a clause the contract's terms and the law decide the forum, which is usually the courts. Parties can start arbitration without a clause only by a written agreement to arbitrate after the dispute arises. Whether that is realistic depends on the other side.

Yes, where the shareholder agreement, articles of association or partnership agreement contains an arbitration clause. If it does not, the dispute is likely to go to the courts. See shareholder dispute lawyer in Dubai.

Enforcement generally requires an application to the competent court, following Federal Law No. 6 of 2018 and, for foreign awards, the UAE's accession to the New York Convention. Whether it succeeds depends on the award and the circumstances. Dubai's courts have recently shown a pro-enforcement approach to foreign awards, but in 2022 enforcement was refused against a non-domiciled debtor, and the courts' approach can evolve, so we check the current position first. MBM can pursue enforcement, including cross-border.

Yes, in limited circumstances defined by law, for example a defect in the arbitration agreement, a breach of due process or the award exceeding the tribunal's jurisdiction. A challenge is not available simply because a party disagrees with the outcome.

Challenges are subject to strict time limits that run from the point you receive the award, and the limit depends on the seat and the law. Under Federal Law No. 6 of 2018, an application to set aside an award must be filed within 30 days of notification of the award (Art. 54(2)). Do not wait to see whether the other side moves first. Send us the award as soon as you have it and we will confirm the deadline for your case.

Do not assume that it does. Filing a challenge does not automatically stay enforcement; a stay must be requested separately (Art. 56). Whether and how enforcement can be paused while a challenge is pending depends on the seat, the court and the circumstances, and an award is ratified within 60 days (Art. 55). Raise it with us at the start, because enforcement and challenge need to be handled together.

Construction-specific arbitration, including FIDIC-clause disputes, is handled under MBM's dedicated construction dispute practice rather than this general service, since it involves distinct contractual mechanics. See construction dispute lawyer in Dubai.

Timing varies considerably with the institution, the complexity of the dispute and whether the parties cooperate procedurally. Arbitration is often, though not always, faster than court litigation for complex commercial disputes. We give you a realistic view of the stages once we have read the clause.

It depends on what the contract already provides, the nature of the dispute and factors such as confidentiality, enforceability across borders and finality. Where no arbitration clause exists, the courts usually decide the dispute unless both sides agree in writing to arbitrate. The comparison table above sets out the main points.

Cost depends on the institution, the complexity and the value. It is made up of the institution's charges, tribunal fees, legal fees and other costs such as experts. MBM does not publish a price list. We give you a scope and a fee position before you instruct us.

Yes. MBM's first consultation is free and confidential. You can use it to check which institution and rules apply, what the next step is and whether any time limit is running. If you then instruct us, we give you a scope and a fee position first.