Arbitration Deed Template for the United Arab Emirates

An Arbitration Deed is your formal gateway to resolving existing commercial disputes through arbitration rather than traditional court litigation in the United Arab Emirates. This critical document establishes the legal framework for submitting disputes to arbitration when you don't have a pre-existing arbitration agreement in your contracts.

When do you need this document?

You need an Arbitration Deed when you're facing a commercial dispute but lack an arbitration clause in your original agreement. This commonly occurs in joint venture disputes between corporate entities, construction disagreements between developers and contractors, or partnership conflicts in professional service firms. The document is particularly valuable for complex commercial disputes involving government entities, free zone companies, or financial institutions where court proceedings may be lengthy and public. You'll also require this deed when parties from different UAE jurisdictions—such as mainland UAE, DIFC, or ADGM—need to establish a unified arbitration framework.

Key legal considerations

Your Arbitration Deed must clearly define the scope of disputes being submitted to arbitration, ensuring all relevant issues are covered without ambiguity. The document should specify the number of arbitrators, their selection process, and required qualifications, particularly important given the technical nature of many UAE commercial disputes. You must address the applicable arbitration rules, whether UAE Federal Law, DIFC Arbitration Law, or ADGM regulations, depending on your chosen jurisdiction. The deed should establish the seat of arbitration, governing law for the dispute, and procedural timelines to ensure enforceability. Consider including provisions for interim measures, confidentiality requirements, and cost allocation between parties.

Legal requirements in United Arab Emirates

Under Federal Law No. 6 of 2018 on Arbitration, your Arbitration Deed must be in writing and clearly express the parties' intention to submit disputes to arbitration. The document must comply with UAE Civil Code provisions regarding contract validity, including proper party identification with full legal names and registration details. If you're operating in DIFC, the deed must conform to DIFC Arbitration Law No. 1 of 2008, while ADGM entities must follow the ADGM Arbitration Regulations 2015. The deed should specify whether UAE courts will have jurisdiction for enforcement purposes and must ensure compliance with the New York Convention for international award recognition. For government entities or public companies, additional regulatory approvals may be required before executing the deed.