What this guide covers
Interim relief is often the most urgent issue in any arbitration. DIAC 2022 Rules give the constituted tribunal broad powers to order interim measures — and UAE courts can provide parallel support even before the tribunal is formed. Understanding both routes is essential for protecting assets and evidence.
Tribunal powers under DIAC 2022 Rules Art 28
Once the tribunal is constituted, it may — at the request of a party — order any interim or conservatory measure it deems appropriate (Art 28.1). The 2022 Rules deliberately leave the categories open-ended. In practice, common measures include: freezing of assets pending the outcome; orders to preserve evidence; orders requiring a party to maintain the status quo; and security for costs.
To obtain interim relief, the applicant must satisfy four conditions (Art 28.2): (i) harm not adequately reparable by damages is likely if the measure is not granted; (ii) the applicant has at least a reasonable possibility of success on the merits; (iii) the harm from granting is not disproportionate to the harm from refusing; and (iv) the applicant provides appropriate security if ordered. These requirements mirror the UNCITRAL Model Law Art 17A standard.
Interim measures are issued as procedural orders, not as awards — they do not have the enforcement status of a final award under the NYC Convention. Enforcement requires recourse to local courts.
Security for costs in DIAC arbitration
Security for costs is a specific interim measure where the respondent (or a claimant facing a counterclaim) applies for an order requiring the opposing party to provide security for the respondent's legal costs in case the opposing party does not ultimately recover its costs. DIAC tribunals have granted security for costs, particularly where: the claimant is a foreign entity with no UAE assets; there is evidence of asset dissipation; or the claim appears weak on a summary assessment.
The DIAC tribunal will not make adverse inferences from a party's failure to produce financial information, but a refusal to provide any information about financial standing can weigh in favour of granting security. Claimants using third-party funding (TPF) face heightened security-for-costs applications: the existence of a funding agreement, while not determinative, is a relevant factor.
Anti-suit relief and preservation of arbitration
Where a party commences court proceedings in breach of a DIAC arbitration agreement, the aggrieved party has two remedies: (i) apply to the tribunal for an anti-suit injunction (under Art 28.1); or (ii) apply to the UAE court under the DIAC agreement to refer the matter to arbitration under FDL 6/2018 Art 8. DIAC tribunals rarely issue formal anti-suit orders against parallel court proceedings, but they will proceed with the arbitration and may award costs against a party that pursues duplicative court proceedings.
For anti-suit relief against foreign court proceedings, DIFC Courts are more effective — they issue Hamlin-style anti-suit injunctions restraining parties from proceeding in foreign courts where a DIFC-seat arbitration or DIFC jurisdiction clause exists.
UAE court support under FDL 6/2018 Art 21
FDL 6/2018 Art 21 allows a party to apply to the competent UAE court for interim or conservatory measures before or during arbitration proceedings. The court retains jurisdiction to grant such measures even where arbitration is pending — this is expressly confirmed and does not constitute a waiver of the arbitration agreement.
In practice, onshore UAE courts grant precautionary attachment (Art 252, UAE Civil Procedure Law) and travel bans. The standard is a credible threat of asset dissipation or flight. Applications are made ex parte to the Court of First Instance and are executable immediately. The claimant must then file the substantive claim (before the arbitral tribunal) within 8 days of the attachment order or it lapses.
DIFC Courts similarly support DIAC arbitrations under DIFC Arbitration Law Art 28 — a party can apply for a Mareva injunction in the DIFC even if the DIAC seat is Dubai onshore. The DIFC Court's worldwide freezing order jurisdiction is particularly valuable for respondents with assets in multiple jurisdictions.
Practical checklist
- Document the urgency: tribunal interim measures require showing harm is imminent and not reparable by damages — gather evidence of asset movements or dissipation now
- Consider the emergency arbitrator route first (DIAC 2022 Rules Appendix V) if the tribunal is not yet constituted
- For asset attachment in UAE: apply ex parte to the UAE Court of First Instance; file substantive arbitration within 8 days to preserve the attachment
- Security for costs: check whether the claimant has UAE assets; if not, move for security early in proceedings before costs mount
- DIFC Mareva: even in Dubai onshore-seated DIAC arbitrations, DIFC Courts can issue worldwide freezing orders under their Art 28 jurisdiction
- Record all correspondence about threatened asset dissipation — this evidence supports both court and tribunal applications
What we'd typically advise
Interim measures strategy must be planned before filing the Notice of Arbitration. In asset protection cases, we typically file for UAE court precautionary attachment simultaneously with or immediately after the NOA — the 8-day rule means you cannot delay. For disputes involving DIFC or ADGM-registered defendants, a DIFC Mareva application runs in parallel. We advise clients to brief both UAE onshore and DIFC counsel at the outset in high-value matters.
Frequently asked questions
Can the DIAC emergency arbitrator order interim relief before the tribunal is constituted?
Yes. DIAC Appendix V provides an emergency arbitrator procedure. The applicant files a request with the Registrar; DIAC appoints an emergency arbitrator within 1 business day; the emergency arbitrator issues an order within 15 days of the file being transmitted. The order is binding but does not prevent the party from seeking court measures in parallel.
Are DIAC tribunal interim measure orders enforceable in UAE courts?
Yes, but they require a separate court application. Under FDL 6/2018 Art 21(2), a party may apply to the competent court to enforce a tribunal interim measure. The court examines whether the measure was within the tribunal's jurisdiction and does not conflict with UAE public policy. Courts generally enforce such orders.
Can a UAE court interim measure be obtained against a party outside the UAE?
UAE onshore courts have limited extraterritorial reach for precautionary attachment — generally limited to assets in the UAE. However, DIFC Courts can issue worldwide Mareva injunctions effective against parties subject to DIFC jurisdiction, and can seek mutual enforcement in multiple jurisdictions through their judicial protocols.
What is the difference between a precautionary attachment and a Mareva injunction?
A UAE precautionary attachment (hajz tahtiyati) is an onshore civil procedure mechanism that freezes specific identified assets in the UAE. A Mareva injunction (worldwide freezing order) is a common-law equitable remedy issued by DIFC or ADGM Courts that restrains a party from dissipating assets anywhere in the world, not limited to identified assets in UAE.
Does applying for UAE court interim measures waive the arbitration agreement?
No. FDL 6/2018 Art 21 expressly preserves the arbitration agreement — court interim measures do not constitute submission to court jurisdiction on the merits and do not waive the right to arbitrate.
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Published 20 May 2026. General information only — not legal advice. Contact us for matter-specific advice.