UAE Law and Practice Contributed by: Antonios Dimitracopoulos and Martin Khoshdel, BSA Law
The aforementioned courts can also grant interim relief in aid of foreign-seated arbitrations. There is no special limitation placed upon the granting of these interim orders. The most common forms of interim relief sought tend to be anti-suit injunctions, freezing orders, and orders for security for costs. The Federal Arbitration Law allows for the court to take provisional or precautionary measures as deemed appropriate for existing or potential arbitrations (Arti - cle 18). Article 21 allows the tribunal to grant interim or precautionary measures, subject to Article 18 ‒ mean - ing that the court can grant interim measures. Article 36 confers powers to the court to order the produc - tion of evidence, which is effectively an interim order. The court is separately empowered to enforce interim measures upon an application by a party. 6.3 Security for Costs Article 21 (2) of the Federal Arbitration Law allows the tribunal to order security from the party seeking the interim measure. In general, it is theoretically possible for the tribunal to more generally award security for costs as a standalone interim measure. Article 24 of the DIFC Arbitration Law specifically allows tribunals/the DIFC court to order security for costs in connection with an interim measure. Given that security for costs is a common-law remedy in the context of court litigation, it is conceivable that a stan - dalone remedy of security for costs could be avail - able ‒ although in litigation is limited to the defendant seeking security from the claimant with a number of conditions needing to be met. Section 29 of the ADGM Arbitration Regulations spe - cifically empowers the tribunal to order a claimant to provide security for the costs of the arbitration, with some caveats on how the power is to be exercised.
of claim and defence, the use of lay and expert wit - nesses, and the rendering of the award. The specific details of the procedure are predominant - ly left to the rules adopted by the parties within their arbitration agreements, such as the DIAC Rules, the ArbitrateAD Rules and the ICC Rules (as examples of the arbitral institutions in the UAE). If the arbitration is ad hoc, then it will similarly be for the parties and the tribunal to determine the applicable procedures. 7.2 Procedural Steps The common procedural steps required by law relate to the formation of the arbitral tribunal, the com - mencement of arbitration, the pleadings, general considerations for the conduct of the arbitration, and the award itself. There is a specific requirement that if the court is seised of a matter that is the subject of an arbitration agreement, then the court must refer the matter to arbitration upon the plea of the party relying on the arbitration agreement, unless the arbitration agree - ment is null and void, inoperative or incapable of being performed. The plea must be made in the party’s first statement on the case. 7.3 Powers and Duties of Arbitrators The tribunal is empowered to determine its own jurisdiction, enshrining the principle of kompetenz- kompetenz. In addition, the tribunal has the power to order interim measures, hear witnesses (including lay and expert witnesses), and appoint an expert itself if required. As regards the duties of arbitrators, they are required to treat the parties fairly, giving each party a reason - able opportunity to present its case (Section 33 of the ADGM Arbitration Regulations, Article 26 of the Federal Arbitration Law, and Article 25 of the DIFC Arbitration Law). It is implicit in the Federal Arbitration Law, the ADGM Arbitration Regulations and the DIFC Arbitration Law that the arbitral tribunal has a duty to issue a final award. However, Article 47 of the Federal Arbitration Law permits the arbitral tribunal to refuse delivery of
7. Procedure 7.1 Governing Rules
The arbitration laws of the UAE provide certain pro - cedural requirements in respect of the conduct of the arbitration. These include the constitution of the tribu - nal, the commencement of the arbitration, statements
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