What this guide covers
Understanding the different types of awards that a DIAC tribunal can issue — and when to request each — shapes case strategy from day one. Partial awards can resolve threshold issues early; default awards resolve non-participating parties; consent awards crystallise settlements. Each carries different legal effects.
Final awards
A final award resolves all outstanding claims, counterclaims, and set-off defences in the arbitration. Under DIAC 2022 Rules Art 35, the tribunal must make every effort to issue the final award within six months of the close of proceedings (Art 35.1). In practice, DIAC tracks this deadline and can extend it on the tribunal's application.
Formal requirements for a valid DIAC award (Art 33): written; signed by a majority of the arbitrators (or all three if required by the seat law); dated; identifies the seat; sets out reasons unless parties agree otherwise. Awards must be scrutinised by the DIAC Court before being issued to ensure formal compliance — DIAC's scrutiny is of form, not substance (unlike ICC Court scrutiny which is more substantive).
Once issued, the award is final and binding. Under FDL 6/2018 Art 52(1), a final award has the same effect as a final judgment of the UAE courts for enforcement purposes. The award must be deposited with the competent court within the time prescribed by the seat's rules (Dubai Court of First Instance for Dubai-seated awards).
Partial awards — bifurcation strategy
A partial award resolves one or more but not all of the issues in dispute. Common uses: (i) jurisdiction (whether the tribunal has jurisdiction over the claims — resolving this early avoids full proceedings on claims the tribunal cannot hear); (ii) liability (whether the respondent is liable in principle — then separately assessing quantum); (iii) time-bar defences (whether claims are brought in time). Partial awards are final as to the issues they decide and can be enforced immediately.
Bifurcation — separating liability and quantum — is particularly valuable in DIAC construction and engineering disputes where quantum assessment requires extensive expert evidence. If the respondent prevails on liability, quantum costs are avoided entirely. If the claimant prevails on liability, settlement becomes more likely before quantum proceedings commence.
Interim awards and procedural orders
An interim award differs from a procedural order in that it is binding and final as to interim relief granted — for example, an award ordering a party to provide security for costs, or an award ordering a party to pay undisputed amounts pending final determination of the disputed balance. Interim awards can be enforced in UAE courts under FDL 6/2018 Art 52.
A procedural order (e.g., ordering document production, setting timelines) is not an award — it cannot be directly enforced in UAE courts. Failure to comply with a procedural order may lead to adverse inferences by the tribunal (Art 30.1(c) DIAC 2022 Rules).
Consent awards and default awards
A consent award records a settlement agreement in the form of an award (Art 34). The advantage over a plain settlement agreement is enforceability: a consent award can be enforced under the NYC Convention in foreign courts, whereas a private settlement agreement cannot (absent a separate enforcement regime). Parties frequently seek consent awards for cross-border settlements.
A default award is issued where a respondent fails to submit its defence or participate in proceedings (Art 31). DIAC requires the tribunal to satisfy itself that the respondent was properly notified and that the claimant's claims are not manifestly unfounded before issuing a default award. Default awards are valid and enforceable but face higher set-aside risk if the respondent later contests notification.
Correction, interpretation and additional awards
Within 30 days of receiving the award, either party may request: (i) correction of computational errors, typographical errors, or similar clerical mistakes (Art 36.1); (ii) interpretation of a specific point or portion of the award where the parties agree (Art 36.2). The tribunal may also correct on its own initiative within 30 days of the award date. Corrections become part of the original award.
An additional award may be requested within 30 days if the tribunal omitted to decide a claim presented in the proceedings (Art 36.3). The tribunal then has 60 days to issue the additional award. This is critical — failure to request an additional award within 30 days means the omitted claim is extinguished.
Practical checklist
- Diarise 30-day correction window from award receipt — check the award for computational errors immediately
- Diarise 30-day additional award window — identify any claims submitted but not addressed in the award
- Set-aside: 30-day limit runs from receipt of award under FDL 6/2018 Art 54 — do not conflate this with the 30-day correction window (they can run concurrently)
- Bifurcation decision: assess at first case management conference whether liability/quantum split reduces overall costs and risk
- Consent award: if settlement is reached, convert to a consent award rather than a simple settlement agreement for NYC enforceability
- Scrutiny delay: allow 2–4 weeks for DIAC Court formal scrutiny before the award is issued to parties
What we'd typically advise
In high-value disputes, we systematically assess bifurcation at the first case management conference. If the respondent has strong threshold defences (limitation, jurisdiction, arbitrability), bifurcating early — and winning a partial award — terminates the arbitration without the cost of full quantum proceedings. If the claimant has a strong liability case, bifurcation creates settlement pressure after liability is determined. The cost of a bifurcated phase is typically less than the cost of full proceedings, and the expected value calculation usually favours bifurcation where any threshold issue is genuinely arguable.
Frequently asked questions
Can a partial award on jurisdiction be challenged in UAE courts?
Yes. A party wishing to challenge a partial award on jurisdiction (whether the tribunal has jurisdiction or lacks it) may apply for set-aside under FDL 6/2018 Art 53(1)(e) (award deals with a dispute not falling within the scope of the arbitration agreement) or Art 53(1)(c) (the arbitration agreement is null and void). The 30-day limit from receipt of the partial award applies.
Does a DIAC tribunal have power to issue awards in multiple currencies?
Yes. DIAC 2022 Rules do not restrict award currency. The tribunal will award in the currency or currencies the parties agreed, or the currency of the loss. UAE courts can enforce multi-currency awards.
What is the effect of not complying with a DIAC interim award ordering security?
Non-compliance with a tribunal order to provide security for costs may lead to the tribunal dismissing the claims of the non-complying party (Art 28.4 DIAC 2022 Rules). This is a powerful remedy — tribunals occasionally exercise it where a party persistently refuses to comply with a security order.
Can a default award be set aside if the respondent was not properly notified?
Yes. Proper notification is a fundamental requirement. If the respondent was not properly notified — under FDL 6/2018 Art 53(1)(b) — the award must be set aside. DIAC's strict notification procedures under Art 4 are designed to prevent this ground arising.
How long does it take for a DIAC award to be enforceable in UAE courts?
A DIAC final award is immediately enforceable once issued after DIAC Court scrutiny (typically 2–4 weeks after close of proceedings). The winner files an enforcement application with the Dubai Court of Appeal (for Dubai-seated awards) under FDL 6/2018 Art 55. If no set-aside application is filed within 30 days, the award becomes unchallengeable domestically. Enforcement proceedings typically take 2–6 months.
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Published 20 May 2026. General information only — not legal advice. Contact us for matter-specific advice.