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Federal Arbitration Law — articles 1–62
- Article 1 — Article (1) Definitions
For the purposes of this Law, the following terms and expressions shall bear the meanings assigned to them respectively, unless the context requires otherwise: The State (UAE): The United Arab Emirates. Arbitration: A me…
- Article 2 — Article (2) Applicability
The provisions of this Law shall apply to: 1. Any arbitration conducted inside the State, unless its parties agree to submit it to the provisions of another arbitration law, provided that it does not conflict with the pu…
- Article 3 — Article (3) International Character of Arbitration
The Arbitration is considered international arbitration, even if it is conducted in the State, in any of the following cases: 1. If the two parties to Arbitration have their principal place of business in two or more dif…
- Article 4 — Article (4) Capacity of Agree on Arbitration
1. Only the natural person, who has the capacity to exercise its rights, or the representative of the legal person, who is authorized to conclude the agreement on arbitration, may enter into an agreement on arbitration, …
- Article 5 — Article (5) Forms of the Arbitration Agreement
1. The Arbitration Agreement may be concluded prior to the occurrence of the dispute, whether in the form of a separate agreement or stipulated in a specific contract, concerning all or certain disputes which may arise b…
- Article 6 — Article (6) Divisibility of Arbitration Agreement
1. The Arbitration Agreement shall be treated as independent from the other conditions provided for in the contract. The nullity, rescission or termination of the contract shall not have any effect on the Arbitration Agr…
- Article 7 — Article (7) Writing of the Arbitration Agreement
1. The Arbitration Agreement shall be in writing; otherwise it shall be void. 2. The Arbitration Agreement shall be deemed to have met the writing requirements in the following cases: a. If it is included in an instrumen…
- Article 8 — 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 Arbitration Agreement exists, shall dismiss the action, if the Respondent moves to dismiss on this ground before making any o…
- Article 9 — Article (9) Formation of the Arbitral Tribunal
1. The Arbitral Tribunal shall be constituted, on the basis of an agreement between the parties, of one or more arbitrators. Failing such agreement, the number of arbitrators shall be three, unless otherwise deemed by th…
- Article 10 — Article (10) BIS Conditions to be met by an Arbitrator from Members of Supervisory or Controlling Bodies at the Competent Arbitration Institution
1. With exception to the provisions of clause (B.1) of Article (10) of this Decree by Law, the Parties may appoint an arbitrator from board of directors, boards of trustees, or those of the similar status, of the supervi…
- Article 10 — 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 following: a. Shall be a natural person who is not a minor, interdict, or deprived of his or her civic rights for being declare…
- Article 11 — 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 Arbitrator or Arbitrators, and on the period of time and method for effecting their appointment. 2. If the arbitration trib…
- Article 12 — 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 majority of the members of the Arbitral Tribunal, unless otherwise agreed by the parties, provided that the decisions o…
- Article 13 — 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 the arbitrators as agreed upon between them; if both of them fail to have an agreement; if both the appointed arbitrators …
- Article 14 — Article (14) Challenge of the Arbitrators
1. An arbitrator may be challenged only if circumstances that give rise to serious doubts regarding his or her impartiality or independence exist, or if it is proven that the conditions agreed upon by the parties or pres…
- Article 15 — Article (15) Procedures for Challenging the Arbitrator
The parties to Arbitration may agree on the procedures of challenging arbitrators. Failing that agreement, the following procedures shall be followed: 1. A party who intends to challenge an arbitrator shall notify the ch…
- Article 16 — 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, interrupts the performance thereof in a manner which causes undue delay in the arbitral proceedings, or deliberately neglects …
- Article 17 — Article (17) Appointment of the Substitute Arbitrator
1. If the mandate of an arbitrator expires due to challenge, dismissal, withdrawal, or any other reason, a substitute shall be appointed according to the procedures followed in the appointment of the arbitrator whose man…
- Article 18 — Article (18) General Jurisdiction Over Arbitration Measures
1. The competent court shall have jurisdiction to consider the arbitration matters referred to in this Law in accordance with the procedures in force in the State. Such court shall have exclusive jurisdiction until the c…
- Article 19 — 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 the non-existence or the invalidity of the Arbitration Agreement, or that it does not cover the subject matter of the dis…
- Article 20 — 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 for the submission of the defense by the Respondent referred to in Article (30) of this Law. If the plea is concerned w…
- Article 21 — Article (21) Interim of Precautionary Measures
1. Subject to the provisions of Article (18) of this Law, unless otherwise agreed by the parties, the Arbitral Tribunal may, at the request of any party or on its own accord, order that interim or precautionary measures …
- Article 22 — Article (22) Impleader and Intervention in Arbitration
The Arbitral Tribunal may, at the request of any party, permit the impleading or intervention of any third party as a party to the dispute, the subject matter of the arbitration, whether at the request of one of the part…
- Article 23 — 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 the arbitration, including their right to decide that such procedures shall be subject to the rules applicable in any arbi…
- Article 24 — Article (24) Service of Process
1. The provisions set forth in this Clause shall be applicable, unless the parties agree upon otherwise: a. Any written letter shall be deemed to have been delivered: if it is served on the addressee by hand, or at its p…
- Article 25 — Article (25) Waiver of the Right to Object
If one of the parties knows that any requirement under the Arbitration Agreement has been violated or a non-mandatory provision of this Law has not been complied with, yet it proceeds with the Arbitration without invokin…
- Article 26 — Article (26) Equality of the Parties to Arbitration
The parties to arbitration shall be treated with equality and afforded adequate and sufficient opportunity for submission of their claims and defenses.
- Article 27 — Article (27) Commencing the Arbitral Proceedings
1. Unless otherwise agreed by the parties to Arbitration, the Arbitral Proceedings shall commence from the day following the formation of the Arbitral Tribunal. 2. The service of the request of arbitration is deemed as i…
- Article 28 — Article (28) Seat and Proceedings of Arbitration
1. The parties to arbitration may agree on the seat of arbitration in reality or virtually through means of modern technology or in technical environments. In the absence of such an agreement, the seat of arbitration sha…
- Article 29 — Article (29) Language of Arbitration
1. Arbitral proceedings shall be conducted in Arabic, unless the parties agree otherwise. 2. The agreed upon or determined language shall be apply to the arbitral proceedings, any written memorandum submitted by the part…
- Article 30 — 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 send to the Respondent and to each of the Arbitrators, within (14) fourteen days from the date of formation of the Arbi…
- Article 31 — 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 case may be, copies of the documents supporting the position of the party concerned, and may add a reference to all or som…
- Article 32 — 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, the following shall be observed: 1. If the Claimant fails, without a valid excuse, to submit its statement of claim in ac…
- Article 33 — Article (33) Arbitration Proceedings and Hearings
1. The arbitration proceedings and hearing shall be confidential, unless otherwise agreed by the parties. 2. Unless otherwise agreed by the parties, the Arbitral Tribunal may decide whether to hold oral pleadings hearing…
- Article 34 — Article (34) Parcourse to Experts
1. Unless other with agreed by the parties, the Arbitral Tribunal may appoint one or more experts to submit a report and shall determine the expert's terms of reference and the term thereof. The Arbitral Tribunal shall a…
- Article 35 — Article (35) Witnesses
The Arbitral Tribunal may hear the statements of witnesses, including expert witnesses, through means of modern telecommunication that do not require their physical presence at the hearing.
- Article 36 — 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 assistance from the court of the State to obtain any evidence. The court may, within its authority, order the fulfillment of s…
- Article 37 — 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 subject matter of the dispute. In case the parties have agreed upon applying a law applicable in a particular country, …
- Article 38 — Article (38) Authority of the Arbitral Tribunal to Identify the Law Applicable to the Subject Matter of the Dispute
1. If the parties fail to agree on the statutory rules applicable to the subject matter of the dispute, the Arbitral Tribunal shall apply the substantive rules of the law it deems most connected to the subject matter of …
- Article 39 — Article (39) Interim and Partial Awards
1. The Arbitral Tribunal may make interim or partial awards before rendering its final award ending the entire dispute. 2. The temporary orders of the Arbitral Tribunal shall be enforceable before the courts and shall be…
- Article 40 — 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 final award is rendered, they may request submission of the terms governing such settlement to the Arbitral Tribunal whic…
- Article 41 — 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 award shall be made by the majority of the arbitrators. If the opinions of the arbitrators are so divergent that the majori…
- Article 42 — Article (42) Timing for the Final Award
1. The Arbitral Tribunal shall render the final award ending the entire dispute within the period agreed upon by the parties. In case of failure to agree on such period or the method to determine it, the award shall be i…
- Article 43 — Article (43) Deciding of the Preliminary Matters
If, in the course of the arbitral proceedings, a question outside the jurisdiction of the Arbitral Tribunal arises, or if a document submitted to it is challenged for forgery, or criminal proceedings are initiated for it…
- Article 44 — Article (44) Service of the Arbitral Award
Subject to the provisions of Article (47) of this Law, the Arbitral Tribunal shall notify all parties of the award by delivering a true copy or a copy thereof signed by the arbitrator to each party within fifteen (15) da…
- Article 45 — Article (45) Termination of the Arbitral Proceedings
1. The arbitral proceedings shall be terminated by rendering the final award ending the dispute by the Arbitral Tribunal. 2. The Arbitral Tribunal shall terminate the proceedings in any of the following cases: a. If the …
- Article 46 — Article (46) Arbitration Expenses
1. Unless the parties agree otherwise, the arbitral tribunal shall be allowed to evaluate the arbitration expenses, including the fees and expenses incurred by any member of the Arbitral Tribunal in order to carry out hi…
- Article 47 — 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 parties, the Arbitral Tribunal may refuse to deliver the final arbitral award to the parties in case of failure to pay all th…
- Article 48 — Article (48) Confidentiality of Awards
The arbitral awards shall be confidential and may not be published in whole or in part without the written consent of the parties. The publication of judgments that include an arbitral award shall not be deemed violation…
- Article 49 — Article (49) Interpretation of the Award
1. Once the arbitral award is rendered, the Arbitral Tribunal shall have no authority to decide on any matters covered in the arbitral award. However, any of the parties may request the Arbitral Tribunal, within (30) thi…
- Article 50 — Article (50) Correction of Material Errors in Awards
1. The Arbitral Tribunal shall correct any purely material errors in its award, whether typographical or in computation, by a decision on its own initiative or at the request of a party, after notifying the other parties…
- Article 51 — Article (51) Additional Arbitral Award
1. Each party may, within thirty (30) days following the date of receipt of the arbitral award, request the Arbitral Tribunal to render an additional award as to claims presented during the arbitral proceedings but omitt…
- Article 52 — Article (52) Binding Force of the Awards
Arbitral Awards rendered in accordance with the provisions of the present Law shall be binding to all the parties and shall have the authority of the res judicata. Further, it shall have the same self-executing force as …
- Article 53 — Article (53) Appeal of the Award
1. Arbitral awards shall not be challenged except by instituting an action for annulment or during the consideration of the confirmation decision. The party requesting the annulment of the arbitral award shall prove the …
- Article 54 — 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 subject to appeals except by way of Cassation. 2. The action for annulment of an arbitral award shall not be heard after t…
- Article 55 — Article (55) Enforcement of the Arbitral Award
1. The party desiring to enforce the arbitral award shall submit a request for the confirmation of the award and order to enforce thereof to the court, provided that such request is accompanied by the following documents…
- Article 56 — 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, the court hearing the annulment action may order such suspension at the request of any of the parties if the request is …
- Article 57 — Article (57) Challenging the Arbitral Award Enforcement Order
A grievance may filed before the competent court of appeal against the Court decision ordering the enforcement or rejecting the enforcement of the arbitral award within (30) thirty days following the date of being notifi…
- Article 58 — 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 with the arbitral entities in the State. 2. The Minister of Justice or the president of the competent judicial body shall…
- Article 59 — Article (59) Inter-Temporal Scop of this Law
The provisions of this Law shall apply to any ongoing Arbitration at the time of its entry into force, even if it is based on an earlier Arbitration Agreement, provided that the proceedings carried out in accordance with…
- Article 60 — Article (60) Repeal of the Contradictory Provisions
1. Articles (203-218) of Federal Law No. (11) of 1992 referred to above are hereby repealed, provided that the proceedings carried out in accordance therewith shall remain valid. 2. Any provision contrary to the provisio…
- Article 61 — Article (61) Publication and Entry Into Forece of this Law
This Law shall be published in the Official Gazette and shall enter into force one month following the date of its publication.