UAE Law and Practice Contributed by: Antonios Dimitracopoulos and Martin Khoshdel, BSA Law
there must be clear evidence that the parties agreed to arbitrate their disputes and be bound by any award. 5.3 Timing of Challenge Where the DIFC Arbitration Law applies, a party must challenge the tribunal’s decision on jurisdiction within 30 days. The ADGM Arbitration Regulations does not stipulate a time limit, other than to state that the application to the court is to be made without delay. The Federal Arbitration Law requires that a party makes its request to the court within 15 days from the date of becoming aware of the decision by the tri - bunal. The court must decide on the request within 30 days from the date of the submission of the request. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility The standard of judicial review for questions of admis - sibility and jurisdiction is not explicitly stated in any of the laws. However, the language of the laws suggests that the appeals will be on a de novo basis ‒ given that the court is being asked to determine the question of jurisdiction, as opposed to carrying out a review of the decision on jurisdiction. 5.5 Breach of Arbitration Agreement The DIFC court and the ADGM court have set prec - edents in issuing anti-suit injunctions in favour of arbi - tration. The courts will follow the English law principles that there is a high degree of probability that there is an arbitration agreement and such agreement has been breached. The local UAE courts have not issued anti-suit injunc - tions to date as the approach taken is that if an arbitra - tion agreement has not been pleaded at the first court hearing in the litigation, then the parties would find themselves subject to the jurisdiction of the courts. However, the Dubai Court of Cassation in Case No 657 of 2025 ruled that Article 21 of the Federal Arbitration Law empowers tribunals to issue interim remedies, which would include anti-suit injunctions. Although this decision did not go further to rule that courts may issue anti-suit injunctions, it does show the shifting
approach by the local courts in at least upholding anti- suit injunctions granted by arbitral tribunals. The same approach applies in the DIFC court and the ADGM court. However, the common-law courts do permit the granting of anti-suit injunctions where the litigation has been brought in a foreign court, including other emirates. 5.6 Jurisdiction Over Third Parties Article 22 of the Federal Arbitration Law specifically permits the joinder of a third party only if that third party is a party to the arbitration agreement. The join - der also allows the parties and third party to make representations. The foregoing is mandatory law and therefore would take precedence over any institutional rule ‒ even contracted into – where the seat of arbitra - tion is a seat other than the DIFC or the ADGM. The key factors for joinder of a third party under the procedures outlined in Section 39 of the ADGM Arbi - tration Regulations is if the third party is a party to the arbitration agreement or has consented to joinder in writing. The DIFC Arbitration Law is silent on joinder, meaning that the tribunal will need to act in accordance with the institutional rules if applicable. Interim remedies are permitted to be awarded by tribunals under all arbitration legislation in the UAE. These remedies are binding and enforceable, as long as they meet the enforcement criteria of the respec - tive legislation. 6.2 Role of Courts The DIFC court and the ADGM court have powers to order interim measures. If the tribunal grants an interim measure, then the DIFC court and the ADGM court will consider an application for enforcement by a party. The conditions for enforcement or to refuse enforcement are contained within the DIFC Arbitration Law and the ADGM Arbitration Regulations. 6. Preliminary and Interim Relief 6.1 Types of Relief
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