Arbitration Submission Agreement Template for the United Arab Emirates

An Arbitration Submission Agreement is a specialized legal document you need when you and another party have an existing dispute but want to resolve it through arbitration rather than court litigation. Unlike arbitration clauses that are included in original contracts, this agreement is created after a dispute has already arisen, allowing you to formally commit to the arbitration process under UAE law.

When do you need this document?

You need an Arbitration Submission Agreement when you're involved in a commercial dispute but your original contract lacks an arbitration clause, or when the existing clause is inadequate or disputed. This document is essential for construction disputes between contractors and developers, commercial disagreements between UAE companies and international partners, joint venture conflicts, supply chain disputes, intellectual property disagreements, and employment disputes involving senior executives. It's particularly valuable in the UAE's diverse business environment where parties from different legal systems need a clear framework for dispute resolution that complies with local requirements.

Key legal considerations

Your Arbitration Submission Agreement must clearly define the scope of disputes being submitted to arbitration, ensuring all relevant claims and counterclaims are covered. The agreement should specify the arbitration rules you'll follow, whether DIAC (Dubai International Arbitration Centre), ADCCAC (Abu Dhabi Commercial Conciliation and Arbitration Centre), ICC, or other recognized institutional rules. You must address the composition of the arbitral tribunal, including the number of arbitrators and the appointment process. The document should establish the seat of arbitration, which determines the procedural law governing the arbitration, and specify the substantive law that will apply to your dispute. Consider including provisions for interim relief, confidentiality requirements, and the language of proceedings to avoid procedural complications.

Legal requirements in United Arab Emirates

Under Federal Law No. 6 of 2018 (UAE Federal Arbitration Law), your Arbitration Submission Agreement must be in writing and signed by all parties to be enforceable. The agreement must clearly demonstrate the parties' mutual consent to arbitrate and specify the dispute being submitted. If your arbitration involves entities in free zones like DIFC or ADGM, you must ensure compliance with their specific arbitration laws in addition to federal requirements. The UAE courts will recognize and enforce your arbitration agreement provided it meets these statutory requirements and doesn't violate public policy. Your agreement must also comply with the UAE Civil Procedure Law for enforcement purposes and consider the New York Convention requirements if international enforcement may be necessary. Ensure all parties have legal capacity to enter into the agreement and that the dispute is arbitrable under UAE law.