Understanding the Arbitration Process in the UAE: A Step-by-Step Guide

Proposed arbitrator (if applicable)
Chosen arbitration rules and seat

Once accepted, the institution notifies the respondent and sets timelines for responses.

4. Respondent Submits Answer and Counterclaims

The respondent then files an Answer to the Notice of Arbitration, which may include:

Objections to jurisdiction
Initial defenses
Any counterclaims (if applicable)
Agreement or disagreement with the proposed arbitrator

Deadlines for this submission depend on the rules governing the arbitration (usually 15–30 days).

5. Constitution of the Arbitral Tribunal

The number of arbitrators is typically:

One (for simpler or lower-value disputes)
Three (for more complex or high-value cases)

Arbitrators are appointed as per the arbitration agreement or rules. If the parties cannot agree, the institution steps in to appoint neutral arbitrators.

Important Considerations:

Arbitrators must be independent and impartial
Parties can object to appointments if bias is suspected
In UAE-seated arbitrations, arbitrators must meet conditions under the Arbitration Law (e.g., full legal capacity)

6. Procedural Meeting and Timeline

After formation, the tribunal and parties usually hold a preliminary procedural meeting—often virtually.

Key issues discussed:

Procedural calendar (deadlines for submissions)
Language of arbitration
Format and number of hearings
Use of witness statements or expert reports
Document exchange protocols

The goal is to define a clear roadmap for how the case will proceed.

7. Submission of Written Pleadings

Each side submits written statements of claim and defense, including:

Legal arguments
Factual background
Supporting documents (contracts, correspondence, invoices)
Witness statements or expert opinions

This process may involve multiple rounds of pleadings, depending on complexity and institutional rules.

In most UAE arbitrations, parties submit:

Statement of Claim
Statement of Defense
Reply to Defense and Counterclaim
Rejoinder (if allowed)

8. Hearings (if necessary)

While not always required, many arbitrations involve oral hearings, particularly for:

Cross-examining witnesses
Presenting expert evidence
Making final arguments

Hearings may be:

In person at a physical venue
Virtual (via video conferencing)
Hybrid (parties join remotely or physically as needed)

Arbitration hearings are private—unlike court trials—and are often more flexible in format and timing.

9. Closing Submissions and Tribunal Deliberation

After hearings conclude, parties may submit final written submissions summarizing their positions and responding to outstanding issues.

The tribunal then deliberates and proceeds to draft the final award. This process typically takes 30–90 days, depending on the rules and complexity of the case.

10. The Final Award

The tribunal issues a final, written, and reasoned award which:

Sets out the findings of fact and law
States the decision on each claim and counterclaim
Allocates costs (arbitration and legal fees)

Under UAE Arbitration Law, the award must:

Be in writing
Be signed by all arbitrators (or note dissent)
Include date and seat of arbitration
Be delivered to the parties within the agreed time

The award is binding and final—with very limited grounds for appeal or challenge.

11. Enforcement of the Award

If the losing party refuses to comply, the winning party may seek enforcement through UAE courts.

Enforcement Procedure:

File an application with the Court of First Instance at the seat of arbitration
Provide authenticated copy of the award, arbitration agreement, and translation (if needed)
Court will verify formal requirements and public policy compliance—not the merits of the decision

Under the New York Convention, UAE arbitration awards are enforceable in over 170 countries.

12. Challenging an Award: Limited Grounds

A party may seek to annul the award only in exceptional circumstances, such as:

Lack of valid arbitration agreement
Breach of due process
Arbitrator misconduct or conflict of interest
Award violates UAE public policy
Procedural irregularities (e.g., improper notice)

Challenges must be filed within 30 days of receiving the award. UAE courts rarely annul awards unless clear legal violations exist.

Conclusion: Plan Ahead, Proceed Strategically

Understanding the arbitration process in the UAE isn’t just for lawyers. For business owners, GCs, and contract managers, knowing how the process unfolds helps with:

Drafting strong arbitration clauses
Choosing the right institution
Estimating timelines and costs
Managing expectations internally
Reducing legal risk during disputes

Arbitration offers privacy, flexibility, and enforceability—but only if done correctly. From selecting the arbitrator to enforcing the award, every step requires strategic planning and legal precision.

If you’re facing a potential dispute or negotiating contracts in the UAE, consider your arbitration options early. A well-structured process today can save months of stress, cost, and uncertainty tomorrow.