What this guide covers
The first case management conference (CMC) is a crucial stage in DIAC arbitration, setting the tone for the entire procedure. In this article, we will delve into the purpose and timing of the first CMC, procedural timetable setting, and other essential aspects of DIAC arbitration under the DIAC 2022 Rules.
Introduction to the First Case Management Conference
The first case management conference (CMC) is a mandatory meeting between the parties, their representatives, and the tribunal, as stipulated in Article 22 of the DIAC 2022 Rules. The primary purpose of the first CMC is to discuss and agree on the procedural timetable, scope of document production, and other essential aspects of the arbitration.
The timing of the first CMC is crucial, as it should be held within a reasonable time frame after the constitution of the tribunal. According to Article 22 of the DIAC 2022 Rules, the tribunal shall convene the first CMC within 30 days of its constitution.
During the first CMC, the parties are expected to provide an overview of their claims, defenses, and counterclaims. The tribunal will also discuss the scope of document production, which is typically governed by the IBA Rules on the Taking of Evidence in International Arbitration.
Procedural Timetable Setting
One of the primary objectives of the first CMC is to establish a procedural timetable that outlines the key milestones and deadlines for the arbitration. The procedural timetable should include, among other things, the deadlines for the submission of witness statements, expert reports, and documentary evidence.
The tribunal will work with the parties to create a realistic and achievable timetable, taking into account the complexity of the case, the availability of witnesses and experts, and the need for translation and other logistical arrangements.
It is essential for parties to be prepared to discuss and agree on the procedural timetable during the first CMC. This includes being aware of the requirements under the DIAC 2022 Rules, such as Article 17, which deals with the submission of written statements and documents.
In addition to the procedural timetable, the parties may also discuss and agree on other procedural matters, such as the format of the hearing, which can be in-person, virtual, or hybrid, depending on the circumstances of the case.
Document Production and Bifurcation
Document production is a critical aspect of arbitration, and the first CMC provides an opportunity for the parties to discuss and agree on the scope of document production. The IBA Rules on the Taking of Evidence in International Arbitration provide a framework for document production, and the parties should be prepared to discuss and agree on the application of these rules to their case.
In addition to document production, the parties may also discuss and agree on bifurcation, which involves separating the arbitration into distinct phases or issues. Bifurcation can be an effective way to manage complex cases and reduce costs, but it requires careful planning and coordination.
Under the DIAC 2022 Rules, the tribunal has the power to order bifurcation, and the parties should be prepared to discuss and agree on the terms of any bifurcation order. This includes being aware of the requirements under Article 23, which deals with the tribunal's power to order bifurcation.
Security for Costs and Language
Security for costs is an important issue in arbitration, and the first CMC provides an opportunity for the parties to discuss and agree on security for costs. Under the DIAC 2022 Rules, the tribunal has the power to order security for costs, and the parties should be prepared to discuss and agree on the terms of any security order.
In addition to security for costs, the parties may also discuss and agree on language and translation issues. The DIAC 2022 Rules provide that the language of the arbitration shall be the language agreed upon by the parties, or, in the absence of an agreement, the language determined by the tribunal.
It is essential for parties to be aware of the language and translation requirements under the DIAC 2022 Rules, including Article 10, which deals with the language of the arbitration.
Practical checklist
- Review the DIAC 2022 Rules and relevant articles, such as Article 22 on procedural orders
- Prepare an overview of claims, defenses, and counterclaims for the first CMC
- Discuss and agree on the procedural timetable, including deadlines for witness statements and expert reports
- Consider bifurcation and its potential benefits and drawbacks
- Be prepared to discuss and agree on document production, including the application of the IBA Rules
- Review the requirements for security for costs and language and translation under the DIAC 2022 Rules
What we'd typically advise
As a UAE law firm, we advise our clients to approach the first CMC as a critical stage in the arbitration process. It is essential to be prepared, to have a clear understanding of the procedural timetable, and to be aware of the requirements under the DIAC 2022 Rules.
We recommend that parties work closely with their legal representatives to ensure that they are adequately prepared for the first CMC. This includes reviewing the DIAC 2022 Rules, preparing an overview of claims and defenses, and discussing and agreeing on the procedural timetable and other essential aspects of the arbitration.
Our team of experienced arbitration lawyers is well-versed in the DIAC 2022 Rules and has extensive experience in UAE arbitration. We are committed to providing our clients with expert advice and guidance throughout the arbitration process, from the first CMC to the final award.
Frequently asked questions
What is the purpose of the first case management conference in DIAC arbitration?
The primary purpose of the first CMC is to discuss and agree on the procedural timetable, scope of document production, and other essential aspects of the arbitration, as stipulated in Article 22 of the DIAC 2022 Rules.
How is the procedural timetable set in DIAC arbitration?
The procedural timetable is set during the first CMC, where the parties and the tribunal work together to establish a realistic and achievable timetable, taking into account the complexity of the case and other factors, as outlined in Article 17 of the DIAC 2022 Rules.
Can bifurcation be ordered in DIAC arbitration?
Yes, the tribunal has the power to order bifurcation under Article 23 of the DIAC 2022 Rules, which involves separating the arbitration into distinct phases or issues.
What are the language and translation requirements in DIAC arbitration?
The language of the arbitration shall be the language agreed upon by the parties, or, in the absence of an agreement, the language determined by the tribunal, as outlined in Article 10 of the DIAC 2022 Rules.
How is security for costs addressed in DIAC arbitration?
The tribunal has the power to order security for costs under the DIAC 2022 Rules, and the parties should be prepared to discuss and agree on the terms of any security order during the first CMC.
Published 19 May 2026. General information only — not legal advice. Contact us for matter-specific advice.