What this guide covers
An effective arbitrateAD clause requires deliberate choices about seat, language, governing law, and arbitrator number. The Abu Dhabi onshore seat and the ADGM seat both have distinct advantages and create different enforcement pathways — the right choice depends on who the parties are and where their assets are held.
arbitrateAD model clause
The arbitrateAD recommended clause is: "Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be finally resolved by arbitration administered by the Abu Dhabi International Arbitration Centre (arbitrateAD) in accordance with the arbitrateAD Arbitration Rules 2024. The seat of the arbitration shall be Abu Dhabi, United Arab Emirates. The language of the arbitration shall be [English/Arabic/both]. The Tribunal shall consist of [one/three] arbitrator(s)."
For ADGM seat: replace "Abu Dhabi, United Arab Emirates" with "the Abu Dhabi Global Market (ADGM), Abu Dhabi, United Arab Emirates."
Abu Dhabi onshore seat vs ADGM seat
Abu Dhabi onshore seat: FDL 6/2018 governs; Abu Dhabi Court of Appeal supervises; set-aside window 30 days; no statutory confidentiality. Best for UAE-to-UAE disputes with Abu Dhabi assets where domestic enforcement speed is the priority. Award enforces under FDL 6/2018 Art 55 at Abu Dhabi Court of Appeal.
ADGM seat: ADGM Arbitration Regulations 2015 (full UNCITRAL Model Law) govern; ADGM Courts supervise; set-aside window 3 months (Reg 34); statutory confidentiality (Reg 17); English common-law supervisory court. Award enforces via ADGM recognition (Reg 43) → Abu Dhabi Judicial Department Protocol (2018). Best for disputes with international counterparties requiring common-law supervision or statutory confidentiality.
The arbitrateAD + ADGM seat combination is increasingly standard for Abu Dhabi infrastructure projects with international contractors — it provides Abu Dhabi institutional knowledge with international-standard supervisory courts.
Governing law considerations
The governing law of the contract (UAE law, DIFC law, English law) is separate from the seat law. Common combinations: (i) UAE law + Abu Dhabi onshore seat (purely domestic); (ii) UAE law + ADGM seat (domestic substantive law, international-standard supervision); (iii) English law + ADGM seat (fully international); (iv) Abu Dhabi law + Abu Dhabi onshore seat (Abu Dhabi government contracts).
For Abu Dhabi government contracts: specifying Abu Dhabi law (the emirate-level laws issued by the Abu Dhabi Executive Council) as governing law is appropriate and expected by government procurement teams. The Abu Dhabi legal system includes both UAE federal law and Abu Dhabi Emirate-level legislation.
Practical checklist
- Model clause: use arbitrateAD model verbatim as base; add seat, language, arbitrator number
- Seat: Abu Dhabi onshore (FDL 6/2018) for UAE domestic enforcement efficiency; ADGM seat for international standard + confidentiality
- Language: Arabic for Abu Dhabi government contracts; English or bilingual for international counterparties
- Arbitrator number: sole arbitrator for AED 3M+ expedited (below threshold); three arbitrators for complex or large disputes
- Update ADCCAC clauses: existing contracts with ADCCAC references should be updated to arbitrateAD (though Art 1.4 preserves them)
- Multi-tier pre-arbitration: consider adding a 21-day negotiation or conciliation step before arbitration — arbitrateAD has dedicated conciliation rules
What we'd typically advise
For contracts with Abu Dhabi government entities or ADNOC ecosystem counterparties, the standard recommended clause is arbitrateAD + Abu Dhabi onshore seat + UAE law governing. For contracts with international energy, construction, or infrastructure counterparties, arbitrateAD + ADGM seat + English law is increasingly the market standard. The ADGM seat adds 3 months to the set-aside window (versus 30 days onshore) — in a commercially complex dispute, this extra time can be significant for reviewing and challenging an award.
Frequently asked questions
Can an arbitrateAD clause specify ICC or SIAC as a fallback institution?
Multi-institution optional clauses are technically valid under UAE law but create uncertainty and potential deadlock — if the parties cannot agree on which institution to use when a dispute arises, the clause is difficult to invoke. We advise against optional multi-institution clauses; specify one institution clearly.
Is there a difference between "arbitrateAD" and "ADCCAC" in a contract?
For new contracts: use "arbitrateAD." For existing contracts with "ADCCAC": Art 1.4 of the 2024 Rules preserves these clauses — new disputes are referred to arbitrateAD. For belt-and-suspenders, amend the clause to reference arbitrateAD at the next contract renewal.
Can the arbitrateAD clause specify ADGM Courts as supervisory court without the ADGM being the seat?
No — supervisory jurisdiction follows the seat automatically by operation of law, not by contractual designation. To get ADGM Court supervision, you must specify ADGM as the seat.
What languages does arbitrateAD support?
arbitrateAD supports Arabic and English. Bilingual proceedings (submissions and hearing in both languages) are possible. Arabic-only proceedings are standard for purely domestic Abu Dhabi disputes.
Does an arbitrateAD clause require any specific formalities under UAE law?
Yes — FDL 6/2018 Art 7 requires the arbitration agreement to be in writing (including email, fax, electronic exchange of documents). Oral arbitration agreements are not valid. The clause must cover a specific legal relationship — general blanket arbitration agreements for unspecified future disputes are not enforceable under UAE law.
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Published 20 May 2026. General information only — not legal advice. Contact us for matter-specific advice.