Legislation Overview
- Title: Federal Law on Concerning the Arbitration - Type: Federal Law - Issued Date: 03 May 2018 - Effective Date: 04 Jul 2018 - Sector: Economy and Business - Number of Articles: 138 - Status: Active
Summary
This Federal Law regulates arbitration proceedings in the United Arab Emirates. It covers the formation of the arbitral tribunal, the arbitration agreement, the arbitral proceedings, and the enforcement of arbitral awards. The law aims to provide a comprehensive legal framework for the conduct of domestic and international commercial arbitration in the UAE. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Arts. 1-61) The law applies to any arbitration conducted within the UAE, unless the parties agree to submit it to another arbitration law, as well as international commercial arbitration conducted abroad where the parties agree to apply this law. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 2)
What is the scope and purpose of this law?
The purpose of this law is to regulate arbitration as a method for adjudicating disputes between parties, whether the arbitration is conducted within the UAE or is an international commercial arbitration conducted abroad where the parties agree to apply this law. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 2)
What are the key definitions?
The law provides definitions for key terms, including: - "Arbitration": A method regulated by the law through which a dispute between two or more parties is adjudicated under a binding award rendered by the Arbitral Tribunal as agreed by the parties. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 1) - "Arbitration Agreement": The agreement of the parties to submit to Arbitration, whether such Agreement is made before or after the dispute. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 1) - "Arbitral Tribunal": The tribunal composed of a sole arbitrator or a number of arbitrators for the purpose of adjudicating the dispute under arbitration. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 1) - "Court": The federal or local court of appeal which is agreed by the parties or within the jurisdiction of which arbitration falls. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 1)
What are the main obligations and requirements?
The law sets out several key obligations and requirements, including: - The Arbitration Agreement must be in writing, otherwise it shall be void. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 7) - The Arbitral Tribunal must be composed of an odd number of arbitrators, unless otherwise deemed by the body concerned. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 9) - Arbitrators must meet certain conditions, such as not being a minor, interdict, or convicted of a felony or misdemeanor involving breach of honor or trust. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 10) - Arbitrators must disclose in writing any circumstances that may cast doubt on their impartiality or independence. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 10)
What are the rights and protections?
The law grants several rights and protections, including: - The parties have the right to agree on the procedures to be followed in the arbitral proceedings. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 23) - The parties have the right to equality in the arbitral proceedings. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 26) - The parties have the right to request the court to order the production of evidence. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Art. 36)
What are the penalties for non-compliance?
This legislation does not include specific provisions on penalties for non-compliance.
How does this law interact with other UAE legislation?
The law references several other UAE federal laws, including the Civil Code, the Penal Code, the Law of Evidence, the Civil Procedure Law, and the Commercial Transactions Law. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Preamble)
When did this law come into effect and what are the transitional provisions?
This law came into effect on 04 July 2018. (Federal Law No. (6) of 2018 Concerning the Arbitration, 2018, Effective Date) The legislation does not include specific transitional provisions.
Source Documents
This article analyses Federal Law on Concerning the Arbitration for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.