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20 practitioner questions on the Dubai International Arbitration Centre (DIAC) — 2022 Rules, arbitrator appointment, costs, interim measures, awards and NYC enforcement. Every answer cites primary sources only.
File a Notice of Arbitration (NoA) with the DIAC Registrar under Article 4 of the DIAC 2022 Rules. The NoA must be accompanied by the registration fee (AED 5,000, non-refundable). The arbitration commences on the date the Registrar receives the NoA. Electronic filing is accepted. The NoA suspends the running of limitation periods under UAE law.
Source: DIAC Rules 2022, Article 4DIAC administers arbitrations seated in the DIFC. The NoA is the same, but the seat selection in the arbitration agreement triggers DIFC Law 1/2008 as the lex arbitri. Curial court supervision (set-aside, enforcement, interim measures from court) falls to the DIFC Court rather than UAE onshore courts.
Source: DIAC Rules 2022, Article 20; DIFC Law 1/2008DIAC can also administer arbitrations seated in the ADGM. Parties may select ADGM as seat in the arbitration agreement. ADGM Arbitration Regulations 2015 apply as lex arbitri; the ADGM Court is curial court.
Source: DIAC Rules 2022, Article 20; ADGM Arbitration Regulations 2015DIAC's commencement procedure mirrors ICC (Request for Arbitration) and LCIA (Request for Arbitration) in requiring written notice plus filing fee. Unlike ICC, DIAC does not charge a separate Terms of Reference fee. DIAC's AED 5,000 registration is among the lowest of major institutions.
Source: DIAC Rules 2022 (comparative); ICC Rules 2021; LCIA Rules 2020Under Article 4(3) of the DIAC 2022 Rules, the NoA must include: (a) names, addresses and contact details of all parties; (b) description of the dispute and circumstances giving rise to it; (c) relief sought and, if possible, amount in dispute; (d) copy of the arbitration agreement; (e) proposed number of arbitrators; (f) language of arbitration; (g) proposed seat (if not in agreement). A statement of claim may follow separately within the time ordered by the tribunal.
Source: DIAC Rules 2022, Article 4(3)If DIFC is the seat, the NoA should explicitly state "seat: DIFC" to engage DIFC Law 1/2008. Failure to specify seat defaults to DIAC's determination under Article 20(1) — which may not produce DIFC seat even if parties intended it. Best practice: state seat expressly in the arbitration agreement and repeat in the NoA.
Source: DIAC Rules 2022, Article 20(1)UAE limitation periods under FDL 6/2018 and relevant UAE laws (generally 15 years for contractual claims, 3 years for commercial claims under UAE Commercial Code) are suspended by filing the NoA. File before expiry even if the NoA is incomplete; supplement within the time DIAC allows.
Source: FDL 6/2018, Article 11; UAE Commercial Transactions LawMost institutional rules require the same core elements. A common mistake for UAE parties: failing to attach the arbitration agreement in translated form (Arabic + English) when the agreement is bilingual. DIAC requires the agreement producing the basis for jurisdiction.
Source: DIAC Rules 2022, Article 4(3)(d)Under Articles 11–13 of the DIAC 2022 Rules: (i) Sole arbitrator — parties nominate jointly within 15 days; if no agreement, DIAC Court appoints. (ii) Three-member tribunal — each party nominates one co-arbitrator within 15 days of Answer; co-arbitrators jointly nominate presiding arbitrator within 15 days; failing agreement, DIAC Court appoints presiding arbitrator. All nominated arbitrators require DIAC Court confirmation.
Source: DIAC Rules 2022, Articles 11–13In multi-party arbitrations, claimants jointly nominate one co-arbitrator and respondents jointly nominate one. Where parties cannot agree, DIAC Court appoints all three members (Article 12(4)). This avoids the Dutco equality-of-arms problem in multi-party constitution.
Source: DIAC Rules 2022, Article 12(4)Arbitrators must be independent and impartial (Article 14). They must disclose any circumstances that may give rise to justifiable doubts as to independence or impartiality. DIAC maintains a panel of registered arbitrators, though parties may nominate non-panel candidates subject to DIAC Court confirmation.
Source: DIAC Rules 2022, Articles 13–14; IBA Guidelines on Conflicts of Interest 2014DIAC's confirmation mechanism mirrors ICC and LCIA. Unlike ICC, DIAC does not publish reasons for non-confirmation decisions. Parties should consider arbitrator selection strategy early — preferred candidates should be conflict-checked and approached for availability before filing, not after.
Source: DIAC Rules 2022, Articles 11–13 (comparative)Under Article 16 of the DIAC 2022 Rules, a party may challenge an arbitrator if circumstances exist that give rise to justifiable doubts about independence or impartiality, or if the arbitrator does not possess qualifications agreed by parties. Challenge must be filed within 15 days of learning of the grounds. The DIAC Court decides; its decision is final and binding (no further appeal to DIAC).
Source: DIAC Rules 2022, Article 16If the DIAC challenge fails, a party may apply to the competent court (DIFC Court for DIFC-seated, UAE Court of Appeal for onshore-seated) for review of the arbitrator's appointment. This is a last resort — courts are reluctant to intervene and generally respect the institution's decision.
Source: FDL 6/2018, Article 14(3); DIFC Law 1/2008, Article 13(3)The IBA Guidelines on Conflicts of Interest (2014) classify relationships into Red List (non-waivable and waivable conflicts), Orange List (disclosable), and Green List (no disclosure needed). DIAC arbitrators are expected to follow these guidelines in making disclosure decisions.
Source: IBA Guidelines on Conflicts of Interest in International Arbitration 2014Challenge success rates are low globally (<15% at most institutions). More effective approach: thorough pre-nomination conflict check before nominating, and immediate challenge filing (within 15-day DIAC window) as soon as grounds emerge — waiver risk if challenge is delayed.
Source: DIAC Rules 2022, Article 16(3) (waiver)DIAC 2022 Rules Appendix IV provides an expedited procedure for: (a) disputes where amount in dispute is AED 1 million or less; or (b) any dispute where parties agree in writing. A sole arbitrator is appointed. Shortened procedural timetable applies. The final award must be rendered within 6 months of the Case Management Conference, extendable by DIAC Court in exceptional circumstances.
Source: DIAC Rules 2022, Appendix IVEither party may apply for expedited procedure by written request to DIAC at any time before tribunal constitution. The DIAC Court decides. Once granted, the expedited procedure cannot revert to standard unless DIAC Court so orders. Document-only determination is possible if parties agree.
Source: DIAC Rules 2022, Appendix IV, para 1(2)Under expedited procedure: (i) no more than one round of written submissions per party; (ii) hearing limited to one day unless DIAC Court extends; (iii) documentary-only hearings are permissible. Security for costs applications still available. Emergency arbitrator remains an option before expedited tribunal is constituted.
Source: DIAC Rules 2022, Appendix IV, paras 3–6DIAC's AED 1M threshold (~USD 272,000) is lower than SIAC's SGD 6M (~USD 4.5M) expedited threshold and ICC's USD 3M. DIAC's expedited procedure is therefore more accessible for smaller commercial disputes. SIAC's expedited procedure has a similar 6-month award timeline.
Source: SIAC Rules 2024, Rule 5; ICC Rules 2021, Article 30DIAC 2022 Rules Appendix V provides an emergency arbitrator (EA) procedure. A party may apply for urgent interim relief before the tribunal is constituted. The EA is appointed within 5 business days of DIAC receiving the complete application. The EA may issue interim orders or preliminary awards. Application requires payment of AED 37,500 emergency arbitrator fee.
Source: DIAC Rules 2022, Appendix VThe EA may grant: asset preservation orders, evidence preservation orders, status quo orders, and anti-suit injunctions. The applicant must demonstrate urgency and that relief cannot await tribunal constitution. Security (undertaking in damages or cash deposit) is typically required. The EA's order is binding on parties.
Source: DIAC Rules 2022, Appendix V, para 6EA orders are enforceable in UAE courts under FDL 6/2018 Article 21 (court support of arbitral interim measures) and, for DIFC-seated arbitrations, under DIFC Law 1/2008. The EA's order can be reviewed, modified or vacated by the constituted tribunal (Article 26 of DIAC Rules 2022).
Source: DIAC Rules 2022, Appendix V, para 9; FDL 6/2018, Article 21Parties may simultaneously or alternatively seek court-ordered interim measures under FDL 6/2018 Article 18. UAE courts (and DIFC/ADGM courts) have jurisdiction to grant precautionary attachment (freezing orders), travel bans, and evidence preservation without prejudice to the arbitration. Court measures are sometimes faster and have broader third-party reach.
Source: FDL 6/2018, Article 18; UAE Civil Procedure CodeUnder DIAC 2022 Rules Article 26, a constituted tribunal may grant any interim measure it deems necessary, including: preservation or inspection of property; conservation of assets; security for costs; orders to prevent harm to the arbitral proceedings; status quo maintenance; anti-suit injunctions. The tribunal sets conditions, including requiring security (undertaking in damages or cash deposit).
Source: DIAC Rules 2022, Article 26; FDL 6/2018, Article 21Tribunals regularly order security for costs against claimants (or respondents with counterclaims) who: are based in non-enforcement jurisdictions; have insufficient assets within reach; or have filed applications considered abusive. Amount is typically a proportion of the responding party's estimated recoverable costs. Failure to provide security may result in stay or dismissal of claim.
Source: DIAC Rules 2022, Article 26; IBA Guidelines on Security for Costs (2020)DIAC tribunals can order anti-suit injunctions to restrain a party from commencing or continuing parallel court proceedings in breach of the arbitration agreement. DIFC Courts are more willing to enforce anti-suit injunctions than onshore UAE courts. The anti-suit measure is effective only against party to the arbitration — not against non-party courts.
Source: DIAC Rules 2022, Article 26; DIFC Court practiceDIAC Rules 2022 Article 26 is aligned with UNCITRAL Model Law 2006 Chapter IV A (interim measures). Conditions for granting — balance of convenience, urgency, prima facie case on merits, undertaking against damages — are consistent across Model Law jurisdictions. ICC Rules 2021 Article 28 is the closest institutional comparator.
Source: UNCITRAL Model Law 2006, Chapter IV A; ICC Rules 2021, Article 28DIAC costs comprise: (i) Registration fee: AED 5,000 (non-refundable); (ii) Administrative fees: graduated scale per amount in dispute (from AED 2,500 for claims <AED 100K to AED 180,000 for claims >AED 500M); (iii) Arbitrator fees: DIAC Court sets on ad valorem scale per Appendix II — for a sole arbitrator in a AED 10M dispute, approximately AED 200,000–300,000; three-member tribunals multiply approximately 2.5x; (iv) Hearing venue and tribunal secretary fees.
Source: DIAC Rules 2022, Appendix II (Schedule of Fees)The tribunal has broad discretion on cost allocation (Article 37). Default principle: costs follow the event (loser pays). Tribunal may apportion costs based on: (i) partial success; (ii) unreasonable conduct of proceedings; (iii) failure to comply with procedural orders; (iv) settlement behaviour. Legal fees are recoverable subject to reasonableness.
Source: DIAC Rules 2022, Article 37DIAC requires parties to pay advances on costs (Article 36). Each party pays 50% of the advance on costs. If a party fails to pay its share, the other party may pay on its behalf and claim it back as part of the award. Non-payment of advances may result in termination of proceedings for that claim/counterclaim.
Source: DIAC Rules 2022, Article 36DIAC is generally cheaper than ICC for disputes over USD 10M (ICC has higher administrative fees) and comparable to SIAC. For a USD 5M dispute: DIAC total fees (admin + arbitrators) roughly USD 80,000–120,000 for sole arbitrator; SIAC roughly USD 100,000–150,000; ICC roughly USD 120,000–180,000. Parties' own legal fees are separate and typically 2–5x institutional fees.
Source: DIAC, SIAC, ICC fee schedules (2024/2025 editions)The first Case Management Conference (CMC) is convened by the tribunal shortly after constitution. The agenda typically covers: (i) procedural timetable (pleadings, document production, witness statements, expert reports, hearing dates); (ii) scope of document production and whether IBA Rules on Evidence apply; (iii) language, seat confirmation, applicable law; (iv) bifurcation applications (jurisdiction first, then merits); (v) confidentiality order; (vi) security for costs applications.
Source: DIAC Rules 2022, Article 22; IBA Rules on Taking of Evidence 2020The CMC results in Procedural Order No. 1 (PO1) — the governing procedural document. PO1 sets: statement of claim deadline, statement of defence deadline, document production exchange, witness statement deadlines, expert report deadlines, hearing duration and dates. Parties should come prepared with draft timetable and agreed/disputed procedural positions.
Source: DIAC Rules 2022, Article 22Bifurcation (separating jurisdiction/liability phase from quantum) can dramatically reduce costs if successful at the first phase. Tribunals weigh: (i) whether outcome of first phase is likely to dispose of or substantially narrow quantum; (ii) time and cost of bifurcated proceedings vs savings; (iii) parties' positions. Apply for bifurcation at or before CMC — not after.
Source: DIAC Rules 2022, Article 22(3)Come to the CMC with: (a) draft timetable in agreed/disputed format; (b) proposed document categories for production; (c) agreed statement on IBA Rules applicability; (d) hearing venue preferences; (e) expert evidence scope. Failure to raise issues at CMC may preclude later applications (procedural estoppel risk).
Source: DIAC Rules 2022, Article 22; IBA Rules 2020DIAC arbitrations commonly adopt the IBA Rules on Taking of Evidence 2020 by agreement in PO1. Document production uses a Redfern Schedule: requesting party identifies categories of documents; producing party objects; tribunal rules. Production is narrower than US-style discovery — documents must be specifically identified or described and relevant and material to outcome.
Source: IBA Rules on Taking of Evidence 2020, Articles 3–4Legal professional privilege (UAE equivalent: attorney-client confidentiality) protects communications between lawyer and client for the purpose of legal advice. Without prejudice privilege protects settlement communications. Common interest privilege applies to shared lawyers. Privilege must be asserted in the Redfern Schedule with a generic description sufficient to allow assessment.
Source: IBA Rules 2020, Article 9(2); UAE law principlesElectronic documents (emails, metadata, database exports) are increasingly central. DIAC has no specific ESI protocol, but parties may agree to the Sedona Conference Principles or comparable framework. Metadata preservation notices should be sent to counterparties early. Cloud-stored documents and WhatsApp/messaging platform records are discoverable.
Source: IBA Rules 2020, Article 3(3)(a)(ii); Sedona PrinciplesThe Prague Rules on the Efficient Conduct of Proceedings (2018) offer a more inquisitorial, civil-law-style alternative to IBA Rules — narrower document production, greater tribunal fact-finding role. Some DIAC tribunals apply Prague Rules by agreement, especially where both parties are civil law-trained. Discuss preference at CMC.
Source: Prague Rules on the Efficient Conduct of Proceedings 2018Under DIAC 2022 Rules Article 9, an additional party may be joined to pending arbitration before tribunal constitution — by party application and DIAC Court decision. Consent of the additional party to the arbitration agreement is required unless it is already bound. After tribunal constitution, joinder requires consent of all parties including the additional party.
Source: DIAC Rules 2022, Article 9Under Article 10, DIAC Court may consolidate two or more pending arbitrations if: (a) parties agree; or (b) all claims arise from the same legal relationship; or (c) compatible arbitration agreements exist and the disputes are sufficiently connected. Consolidated proceedings proceed before one tribunal.
Source: DIAC Rules 2022, Article 10Under Article 8, a single Notice of Arbitration may cover claims under multiple contracts if the disputes arise from compatible arbitration agreements and the same transaction or related transactions. DIAC Court decides on challenge. This is particularly useful for project contracts (main contract + subcontract + guarantee) and back-to-back disputes.
Source: DIAC Rules 2022, Article 8UAE law and DIAC practice recognise the group of companies doctrine (binding non-signatory affiliates to arbitration agreement in limited circumstances): where the affiliate was involved in negotiation/performance, knew of the agreement, or where justice requires. This is fact-specific and not automatic — tribunal makes the determination after hearing arguments.
Source: DIAC Rules 2022, Articles 9–10; UAE arbitration case lawDIAC 2022 Rules Article 31 recognises: (i) Partial award — on jurisdiction, liability, or specific issues; (ii) Interim award — on procedural matters or interim relief; (iii) Final award — disposing of all remaining claims; (iv) Consent award — recording agreed settlement; (v) Default award — where respondent fails to participate after due notice. All awards require reasons unless parties agree otherwise.
Source: DIAC Rules 2022, Articles 31–32Awards must be: (i) in writing; (ii) signed by all arbitrators or a majority (dissenting arbitrators may note dissent); (iii) state the seat of arbitration; (iv) state the date; (v) state reasons (unless waived); (vi) determined by majority vote where no unanimity. The DIAC Court reviews draft awards for formal compliance before issuing — it does not review merits.
Source: DIAC Rules 2022, Article 31; FDL 6/2018, Articles 41–43Under Article 33 of DIAC 2022 Rules, within 30 days of notification: (a) either party may request correction of clerical/computational errors; (b) either party may request interpretation of a specific point; (c) tribunal may on its own initiative correct. An additional award for claims omitted from the final award is available within 30 days on party request.
Source: DIAC Rules 2022, Article 33; FDL 6/2018, Article 47Dissenting opinions are permitted but are not part of the award under UAE law. They cannot be relied on as grounds for set-aside. Concurring opinions are also permissible. DIAC does not prohibit them, but arbitrators should be cautious — a dissent revealing deliberation details may breach confidentiality.
Source: DIAC Rules 2022, Article 31(3); FDL 6/2018Standard proceedings: 18–24 months from filing to final award. Breakdown: 2–3 months to constitute tribunal; 1 month to CMC; 6–9 months pleadings + document production; 3–4 months witness statements + expert reports; 1–2 month hearing; 3–4 months award drafting/issuance. Complex multi-party or bifurcated cases: 30–42 months.
Source: DIAC 2022 Rules; DIAC Statistics (2023)Expedited procedure (Appendix IV): target 6-month award. Emergency arbitrator: appointed within 5 business days, order within 15 days. Sole arbitrator vs 3-member: sole arbitrator proceedings run 4–6 months faster on average. Choosing a sole arbitrator in disputes under USD 5M can significantly compress the timeline.
Source: DIAC Rules 2022, Appendix IV; Appendix VThe DIAC Rules 2022 impose a 6-month default deadline for the final award from the date of the Terms of Reference/Procedural Order No. 1 (Article 31(2)). Extensions are granted liberally in practice by the DIAC Court. Award delivery after expiry does not invalidate the award — it is a soft target, not a jurisdictional limit.
Source: DIAC Rules 2022, Article 31(2)DIAC average case duration (18–24 months) is comparable to LCIA (18–22 months) and faster than ICC (24–30 months for contested arbitrations). SIAC is generally the fastest of the major institutions (~16 months median). Expedited procedures at all major institutions target 6 months.
Source: DIAC, ICC, LCIA, SIAC annual statisticsUnder FDL 6/2018 Article 55, a DIAC award (onshore-seated) is enforced by applying to the Court of Appeal of the competent emirate for an execution order. Application is ex parte initially. The court reviews: (a) whether the award is final and binding; (b) formal validity (writing, signature, reasons, date, seat); (c) no pending set-aside application. Execution order typically issues within 2–4 weeks absent challenge.
Source: FDL 6/2018, Articles 55–57DIFC-seated DIAC awards are enforced in the DIFC Court under DIFC Arbitration Law Article 42. DIFC Court grants recognition/enforcement as a judgment; the judgment is then ratified by Dubai Courts under the Judicial Authority Law (Dubai Law 16/2011) for execution against Dubai-based assets. This "conduit" route is available for all foreign awards too.
Source: DIFC Law 1/2008, Article 42; Dubai Law 16/2011The respondent may file a set-aside application under FDL 6/2018 Article 53 within 30 days of award notification. Filing of set-aside application does not automatically stay execution — the claimant may proceed to execution while set-aside is pending, unless the court stays on application. Provide security to court to obtain stay.
Source: FDL 6/2018, Articles 53–56UAE domestic arbitration enforcement (2–4 weeks for execution order) is significantly faster than enforcement via litigation (6–18 months to obtain UAE court judgment). This speed advantage is a key reason parties choose DIAC arbitration for disputes involving UAE assets.
Source: FDL 6/2018; UAE Civil Procedure Code comparisonUAE-seated DIAC awards (onshore or DIFC or ADGM) are enforceable in all 172 New York Convention states. Apply to the competent foreign court with: (i) original or certified copy of the award; (ii) original or certified copy of the arbitration agreement; (iii) Arabic-English translation of both (or as required by enforcement jurisdiction). Award must be authenticated (UAE Ministry of Foreign Affairs attestation, then foreign embassy if required).
Source: New York Convention 1958, Articles III–IVKey enforcement jurisdictions for UAE-related disputes: UK (courts routinely enforce UAE arbitration awards, typically 6–8 weeks ex parte), Singapore (~4–6 weeks), India (enforcement possible but courts can be slow), Saudi Arabia (enforcement via bilateral treaty and NYC), Egypt (NYC state, courts moderately pro-enforcement).
Source: NYC Convention; bilateral enforcement treatiesUnder NYC Article V, enforcement may be refused on only 7 exhaustive grounds: (1)(a) invalid agreement; (1)(b) lack of notice; (1)(c) beyond scope; (1)(d) irregular tribunal; (1)(e) not binding/set aside; (2)(a) non-arbitrable subject matter; (2)(b) public policy. Burden is on the resisting party. Courts apply a pro-enforcement bias.
Source: NYC 1958, Article VPre-position enforcement strategy before or early in the arbitration: identify where respondent holds assets; confirm NYC accession status; investigate legalisation requirements; preserve assets via parallel court proceedings where possible. Waiting until after the award to think about enforcement is the most common costly mistake.
Source: NYC 1958, Articles III–V; enforcement best practiceUnder FDL 6/2018 Article 53, an onshore-UAE seated DIAC award may be set aside only on these grounds: (a) party incapacity or invalid arbitration agreement; (b) lack of proper notice of appointment or proceedings; (c) award deals with matters outside the scope of submission; (d) tribunal composition or procedure not in accordance with parties' agreement; (e) subject matter not arbitrable under UAE law; (f) award contrary to UAE public policy.
Source: FDL 6/2018, Article 53Set-aside application must be filed within 30 days of receiving the award (Article 54). Filed with the Court of Appeal of the emirate of the seat. Appeal to Federal Court of Cassation is available. DIFC-seated: set-aside in DIFC Court within 3 years of award (DIFC Law 1/2008, Article 41(3) — longer period), though in practice parties move promptly.
Source: FDL 6/2018, Article 54; DIFC Law 1/2008, Article 41UAE public policy ground (Article 53(f)) is interpreted narrowly by courts — it does not permit review of the merits. Common invocations (and their likely outcomes): interest/penalty clauses (courts increasingly uphold — international public policy is narrow); mandatory UAE law violations (valid if fundamental and specific); Sharia-based arguments (case-specific, diminishing weight for commercial disputes).
Source: FDL 6/2018, Article 53(f); UAE Federal Court of Cassation jurisprudenceSet-aside and enforcement are separate proceedings. A failed set-aside in the seat does not prevent enforcement resistance abroad (Article V(1)(e) NYC — if the award has been annulled in the seat, enforcement can be refused; but if set-aside is rejected, enforcement resistance on other Article V grounds is still available). File set-aside defensively if genuine ground exists — waive if the goal is delay only.
Source: NYC 1958, Article V(1)(e); FDL 6/2018, Article 53DIAC 2022 Rules Article 41 imposes confidentiality on: DIAC, the tribunal, the parties, and their representatives. Covered: existence of arbitration, any disclosure made in proceedings, pleadings, evidence, awards, orders, and decisions. Disclosure is permitted: (a) with consent of all parties; (b) to enforce or challenge an award in court; (c) required by applicable law; (d) required by a regulatory or supervisory body.
Source: DIAC Rules 2022, Article 41DIFC Court enforcement or set-aside proceedings are public unless the court orders confidentiality. Parties seeking to keep enforcement/challenge proceedings private should apply for a confidentiality order at the first hearing. DIFC Courts regularly grant such orders for commercial arbitration matters.
Source: DIFC Law 1/2008, Article 14; DIFC Court RulesConfidentiality protects against voluntary disclosure — it does not prevent court-ordered disclosure. A party may be ordered by a UAE court (or DIFC/ADGM court) to produce arbitral materials in connected litigation. Include explicit confidentiality/non-disclosure provisions in any settlement agreement that references the arbitration.
Source: DIAC Rules 2022, Article 41; FDL 6/2018, Article 12DIAC's confidentiality regime is stricter than ICC (no express confidentiality rule) and aligned with LCIA (Rule 30) and SIAC (Rule 39). Singapore, England, and most Model Law jurisdictions also impose confidentiality by statute or case law. UNCITRAL Rules (ad hoc) have no automatic confidentiality — a key reason parties choose institutional arbitration.
Source: DIAC Rules 2022, Article 41 (comparative); LCIA Rules 2020, Rule 30; SIAC Rules 2024, Rule 39Yes. Dubai Decree 34 of 2021 dissolved the DIFC-LCIA Arbitration Centre and transferred all DIFC-LCIA cases — pending and new — to DIAC administration. Cases filed before 20 March 2022 continue under DIFC-LCIA Rules 2021 (administered by DIAC). New cases filed after 20 March 2022 under contracts containing DIFC-LCIA clauses now proceed under DIAC 2022 Rules with DIAC Court as administering institution.
Source: Dubai Decree 34/2021; DIAC Transitional Protocol 2022Awards rendered by DIFC-LCIA-administered tribunals before Decree 34/2021 remain fully valid. They are enforced as DIFC-seated or London-seated awards (depending on clause) under NYC Convention. DIAC has no administrative role in legacy awards — enforcement proceeds through courts directly.
Source: Dubai Decree 34/2021; NYC 1958ADGM Arbitration Centre (ADGMAC) was also affected by Decree 34/2021 — the LCIA-MENA component was dissolved. ADGMAC continues to administer arbitrations seated in ADGM under its own rules. Parties with ADGM-LCIA clauses in pre-2022 contracts: new disputes file under ADGMAC Rules or negotiate with counterparty to use another institution.
Source: Dubai Decree 34/2021; ADGMAC Rules 2020Contracts executed before March 2022 with DIFC-LCIA clauses: disputes now go to DIAC under DIAC 2022 Rules. Counsel should update template arbitration clauses to specify DIAC (not DIFC-LCIA or "LCIA Dubai") for new contracts. Old DIFC-LCIA clauses remain enforceable as a reference to DIAC — confirmed by DIAC's Transitional Protocol.
Source: DIAC Transitional Protocol 2022; Dubai Decree 34/2021Default seat for DIAC arbitrations is Dubai (onshore UAE) absent party agreement otherwise. Lex arbitri: FDL 6/2018. Curial court: Dubai Court of Appeal (or Abu Dhabi/Sharjah depending on contract). Advantages: Arabic-language option, lower enforcement costs for UAE-based assets, FDL 6/2018 court support powers.
Source: DIAC Rules 2022, Article 20; FDL 6/2018Parties may designate DIFC as seat (expressly in agreement or by application to DIAC Court). Lex arbitri: DIFC Law 1/2008. Curial court: DIFC Court. Advantages: English language, common-law procedure, direct access to DIFC Courts for enforcement/set-aside, DIFC conduit jurisdiction for cross-border execution, international credibility.
Source: DIAC Rules 2022, Article 20; DIFC Law 1/2008Parties may designate ADGM as seat for DIAC-administered arbitration. Lex arbitri: ADGM Arbitration Regulations 2015. Curial court: ADGM Court. Advantages: English law, ADGM-based party preference, Abu Dhabi asset enforcement. Less common than DIFC seat for DIAC arbitrations.
Source: DIAC Rules 2022, Article 20; ADGM Arbitration Regulations 2015Seat = legal home of arbitration (determines lex arbitri, curial court, set-aside jurisdiction). Venue = physical location of hearings (can differ from seat). UAE hearings may take place at DIAC premises in Dubai regardless of whether seat is onshore, DIFC, or ADGM. Seat selection has long-term enforcement implications — choose carefully at contracting stage.
Source: DIAC Rules 2022, Article 20–21; FDL 6/2018, Article 1DIAC 2022 vs arbitrateAD 2024 main differences: (i) Seat: DIAC default = Dubai; arbitrateAD default = Abu Dhabi. (ii) Caseload: DIAC much larger (400+ new cases/year); arbitrateAD newer institution. (iii) Expedited threshold: DIAC AED 1M; arbitrateAD publishes its own threshold. (iv) Cybersecurity: arbitrateAD 2024 has specific cybersecurity provisions; DIAC addressed in FDL 15/2023 amendment. (v) Fees: comparable ad valorem structures.
Source: DIAC Rules 2022; arbitrateAD Rules 2024Choose DIAC when: (a) Dubai-centred dispute or parties; (b) DIFC seat is preferred; (c) using established institutional infrastructure; (d) DIFC-LCIA legacy clause exists; (e) construction/real estate dispute with Dubai nexus. DIAC's larger caseload means a deeper pool of experienced arbitrators familiar with DIAC procedure.
Source: DIAC Rules 2022; practice experienceChoose arbitrateAD when: (a) Abu Dhabi-centred dispute or parties; (b) Abu Dhabi government or quasi-government counterparty; (c) ADGM seat is preferred; (d) energy/infrastructure project with Abu Dhabi nexus (ADNOC, ADEK, etc.); (e) conciliation-then-arbitration is desirable (arbitrateAD has integrated conciliation rules).
Source: arbitrateAD Rules 2024; practice experienceFor multi-emirate disputes (Dubai party vs Abu Dhabi party), neither DIAC nor arbitrateAD has a neutrality advantage — both are UAE-based. Consider: neutral international seat (SIAC Singapore, ICC Paris) or DIFC/ADGM financial centre seats for maximum neutrality perception. The governing law and enforcement jurisdiction are more important than the administering institution for most commercial disputes.
Source: DIAC Rules 2022; arbitrateAD Rules 2024; SIAC Rules 2024We act for claimants and respondents in DIAC arbitrations across every sector.
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