UAE Law and Practice Contributed by: Antonios Dimitracopoulos and Martin Khoshdel, BSA Law
that the courts may not hear any claim against the ruler of Dubai, the deputy ruler of Dubai or the Crown Prince of Dubai without obtaining the approval of the ruler of Dubai. It further prohibits the execution of a debt or enforcement of an obligation against the ruler of Dubai or the government of Dubai by taking posses - sion, seizure, sale by public auction, or acquisition by any other legal process of the property or assets of the ruler of Dubai or the government of Dubai, irrespective of whether a final judgment has been obtained. 12.3 Approach of the Courts The local courts and the common-law courts generally approach recognition and enforcement on the basis that the party requesting the annulment or setting aside of an arbitral award must prove to the court the statutory reasons to set aside the arbitral award. Generally speaking, the standards applied to enforce - ment are domestic standards. However, the domestic standard will likely be influenced by international pub - lic policy standards, provided that the international standards are not incompatible with other UAE public policy. 13. Miscellaneous 13.1 Class Action or Group Arbitration The arbitration laws in the UAE do not contain any provisions on class-action or multiple-party arbitra - tions. However, the DIAC Rules 2022 permits the joint nom - ination of party-nominated arbitrators for claimants and respondents (see Article 12.5) ‒ although there is no specific rule on the bringing of multiple party claims. Article 9 of the ArbitrateAD Rules 2024 permits multi - ple parties to bring claims prior to the constitution of the tribunal. 13.2 Ethical Codes Legal representatives within the UAE must comply with Federal Law No 34 of 2022 and Cabinet Deci - sion 9 of 2025.
The Dubai Legal Affairs Department has issued a draft code of conduct to Dubai-registered advocate and legal consultants ‒ although primary legislation will take precedence. Section 44 of the ADGM Arbitration Regulations out - lines party and party representative conduct. Arbitrators do not have a unified code of conduct. Guidance may be taken from the International Bar Associations publications. However, arbitrators must comply with their duties outlined within primary legis - lation (eg, independence and impartiality). 13.3 Third-Party Funding Section 37 of the ADGM Arbitration Regulations requires that a party must notify all parties and the members of the arbitral tribunal – whether nominated or appointed ‒ of the existence of a third-party fund - ing agreement (including the identity of the third-party funder) by written notice. The Federal Arbitration Law and the DIFC Arbitration Law do not contain any provisions on third-party fund - ing. Article 22 of the DIAC Rules 2022 also requires the dis - closure of a third-party funding arrangement, includ - ing the identity of the funder and whether or not there is a commitment to an adverse costs order. There is a restriction imposed under Article 22.2 ‒ namely, that a funding arrangement cannot be entered into if it will or may give rise to a conflict of interest between the funder and the tribunal. The requirement to disclose a funding arrangement is also contained within Article 48 of the ArbitrateAD Rules 2024. 13.4 Consolidation Article 8 of the DIAC Rules 2022 permits consolidation of multiple arbitrations dependent on certain condi - tions. A similar provision exists at Article 12 of the Arbi - trateAD Rules 2024.
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