UAE Law and Practice Contributed by: Gerard Moore, Patricia Ugalde Revilla, Antonin Sobek and Alanood Sinjab, Mayer Brown
Confidentiality (Article 33 (1)) The status of arbitral proceedings as being confiden - tial is expressly stated, whereas there is no such provi - sion in the UNCITRAL Model Law. Time Limits to Challenge (Article 54 (2)) An annulment or challenge action must be filed within 30 days of receiving the award – a significantly shorter window than the three-month limit provided for by the UNCITRAL Model Law. Annulment Grounds (Article 53) The grounds for refusing the recognition and enforce - ment of arbitral awards are wider than those set out in the UNCITRAL Model Law – particularly in relation to public policy and due process. For instance, an award may be annulled: • if it fails to apply the law agreed by the parties to govern the substance of the dispute; • where the time limit for rendering the award has expired; or • where the proceedings are “tainted by nullity” affecting the award. There are no equivalent provisions in the UNCITRAL Model Law. Enforcement (Article 55) The enforcement requirements are more onerous under the UAE Arbitration Law. Parties must submit an original award or certified copy, the arbitration agreement, a certified Arabic translation (if applicable) and a copy of the minutes of deposit. The Chief Jus - tice must issue an enforcement order within 60 days, unless annulment grounds under Article 53 are found. By contrast, the UNCITRAL Model Law requires only the original award or a copy and (if applicable) a trans - lation. Interim Measures Unlike the UNCITRAL Model Law, there are no pre - conditions for the requesting party to satisfy before a tribunal grants interim measures (see 6.2 Role of Courts ). There are also some divergences between the DIFC Arbitration Law, the ADGM Arbitration Regulations and
the UNCITRAL Model Law. These principally relate to confidentiality provisions and interim measures. On confidentiality, the UNCITRAL Model Law is entirely silent (see 9.1 Extent of Confidentiality for a com - parison with the DIFC Arbitration Law and the ADGM Arbitration Regulations). On interim measures, both regimes confer broader court powers than the Model Law contemplates. Under Article 15 of the DIFC Arbi - tration Law, the DIFC courts may grant interim relief in support of arbitrations seated outside the DIFC where the measure must be taken within the DIFC. Section 31 of the ADGM Regulations gives the ADGM courts the power to grant interim measures before or during arbitration – even if the parties agree otherwise. 2.2 Changes to National Law There have been no changes to the UAE Arbitration Law, DIFC Arbitration Law or ADGM Arbitration Regu - lations in the past year. However, four developments are worth mentioning. First, the UAE government has recently issued Fed - eral Decree Law No 25/2025 promulgating the new UAE Civil Transactions Law (the “New Civil Code”). The New Civil Code took effect on 1 June 2026 and introduces important changes affecting commercial relationships – including provisions on force majeure, exceptional circumstances, muqawala (construction) contracts, contract formation and interpretation, and compensation and damages. These issues are likely to feature in international arbitration disputes, particu - larly given the conflict in the region. Second, DIFC Law No 2 of 2025 (the new “DIFC Courts Law”), entered into force on 14 March 2025. It codifies the DIFC courts’ exclusive jurisdiction to hear claims for the ratification or recognition of arbi - tral awards (Articles 14 (A)(5)–(6)) and gives statutory effect to the DIFC courts’ power to grant interim and precautionary measures. Third, the DIFC has recently launched a consultation on proposed amendments to the DIFC Arbitration Law. This is intended to introduce significant reforms in relation to tribunal powers, summary determination, security for costs, emergency arbitrators and a new mediation framework.
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