What this guide covers
Arbitrator selection in arbitrateAD proceedings follows a structured two-step process: party nomination followed by Centre confirmation. The 15-day challenge window and comprehensive disclosure obligations ensure that any conflict or impartiality issue is raised early — or is waived.
Appointment process under 2024 Rules
For a three-member tribunal: each party nominates one co-arbitrator within 15 days of service of the Notice of Arbitration and Answer respectively (Arts 11–12). The two co-arbitrators jointly nominate the presiding arbitrator within 15 days of the last confirmation. Failure to agree triggers Centre appointment (Art 11.4). For a sole arbitrator: parties have 15 days to agree; Centre appoints on failure.
All arbitrators are subject to Centre confirmation under Art 12. The Centre reviews the independence declaration and any disclosed circumstances. The Centre may decline to confirm where objective impartiality doubts arise — even absent a party challenge. This quality control function is similar to DIAC and SIAC court confirmation.
arbitrateAD maintains an arbitrator panel focused on construction, energy, government contracts, and UAE/GCC commercial law. The panel is smaller than SIAC or ICC but well-suited to Abu Dhabi-centric disputes. Parties may nominate arbitrators outside the panel; Centre approval required.
Disclosure obligations
Art 13 requires all prospective arbitrators to sign a declaration of independence and impartiality and disclose all circumstances that might give rise to justifiable doubts. Disclosure is continuing — new circumstances during proceedings must be disclosed immediately (Art 13.3). The IBA Guidelines on Conflicts of Interest provide the practical framework for assessing what must be disclosed.
Challenge procedure — 15-day window
A party must file a written challenge with the Registrar within 15 days of: (i) the arbitrator's confirmation; or (ii) becoming aware of the circumstances giving rise to the challenge — whichever is later (Art 14.1). The Centre Board decides the challenge. The challenged arbitrator may comment; other parties may respond. The Board's decision is final within the institutional process.
If a challenge succeeds, a replacement is appointed by the same mechanism as the original appointment. The reconstituted tribunal may repeat procedural steps as it deems appropriate.
Practical checklist
- Nomination deadline: 15 days from NOA service (claimant) and Answer service (respondent) — diarise immediately
- Panel review: arbitrateAD publishes its arbitrator panel online — review before nominating; sector expertise (energy, construction) should drive selection
- Disclosure review: read the nominee's declaration carefully before confirming the nomination — IBA Orange List issues must be weighed
- Challenge window: 15 days from confirmation or knowledge — do not let grounds pass
- Co-arbitrator selection: your co-arbitrator helps select the presiding arbitrator — choose a co-arbitrator who will exercise genuine independent judgment on the presiding appointment
What we'd typically advise
In Abu Dhabi-seated arbitrateAD proceedings, we typically recommend nominees with strong UAE law expertise and construction/energy sector credentials — these are the disputes where arbitrateAD excels. For international counterparties, choosing a presiding arbitrator from a third country (neither party's nationality) with international commercial law experience is usually the right balance. The 15-day challenge window is strict — we conduct a rapid IBA Guidelines analysis on the opposing party's nominated co-arbitrator immediately upon receiving the nomination notice.
Frequently asked questions
Can parties agree on an arbitrator before filing the Notice of Arbitration?
Yes — parties can pre-agree on an arbitrator or the appointment mechanism in the arbitration clause or a separate agreement. Pre-agreed appointments still require Centre confirmation under Art 12.
What happens if a party refuses to nominate a co-arbitrator?
If a party fails to nominate within 15 days, the Centre appoints on that party's behalf. The proceeding continues with the Centre-appointed co-arbitrator; the non-nominating party loses its right to select its representative on the tribunal.
Can the Centre appoint from outside the panel for specialised disputes?
Yes — for disputes requiring unusual technical expertise (e.g., nuclear energy, deep-water offshore), the Centre can appoint arbitrators not on the panel. Parties should indicate desired expertise in the NOA.
Is an arbitrateAD challenge decision subject to UAE court review?
Not directly at the challenge stage. The Centre's decision on a challenge is final within the institutional process. A party may raise the challenge ground later on set-aside of the final award under FDL 6/2018 Art 53 — but courts apply a deferential standard and the institutional decision carries significant weight.
What are the arbitrateAD arbitrator fees for a USD 5M dispute?
For a USD 5M dispute (AED 18.4M), estimated arbitrator fees: sole arbitrator AED 80,000–150,000 (USD 22,000–41,000); three-member tribunal total AED 250,000–500,000 (USD 68,000–136,000). Administrative fee approximately AED 50,000–100,000. Total institutional + arbitrator: USD 90,000–177,000 for sole arbitrator.
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Published 20 May 2026. General information only — not legal advice. Contact us for matter-specific advice.