UAE Law and Practice Contributed by: Gerard Moore, Patricia Ugalde Revilla, Antonin Sobek and Alanood Sinjab, Mayer Brown
ing an independent and impartial arbitrator, and may ask a UAE institution for a list of specialists. A decision appointing an arbitrator is final, though a refusal to appoint may be challenged. Offshore The DIFC Court of First Instance (Article 17 of the DIFC Arbitration Law) and the ADGM Court (Sec - tion 19 of the ADGM Arbitration Regulations) play the same role, having regard to any agreed qualifications and to appointing a sole or third arbitrator of neutral nationality. Their appointment decisions likewise can - not be appealed. 4.4 Challenge and Removal of Arbitrators An arbitrator may be challenged or removed only where circumstances give rise to justifiable or serious doubts as to impartiality or independence, or where the arbitrator lacks the qualifications agreed by the parties or required by law (see Article 14 of the UAE Arbitration Law; Article 18 of the DIFC Arbitration Law; Section 20 of the ADGM Arbitration Regulations). A party may not challenge an arbitrator it appointed except on grounds arising after the appointment, and strict time limits apply. • Onshore: under Article 15 of the UAE Arbitration Law, a challenge must be made in writing within 15 days of becoming aware of the constitution of the tribunal or of the relevant circumstance. If the arbitrator does not withdraw and the other party does not agree to the challenge within 15 days, the requesting party may refer the matter to the Rel - evant Authority, which must decide within ten days by a final and unappealable decision. • Offshore: under Article 19 of the DIFC Arbitration Law, a party has 15 days to put the challenge to the tribunal and, if it is rejected, 30 days to ask the DIFC Court of First Instance to decide; while in the ADGM, Section 21 allows 30 days, with the administering institution or, failing that, the court deciding. Where a challenge is upheld, the arbitrator’s man - date terminates. In institutional arbitration, the insti - tution appoints a replacement in accordance with its rules. In ad hoc arbitration, the parties follow the
original appointment procedure; if that fails, the court appoints. The replacement arbitrator may, in consul - tation with the parties, decide whether to repeat any procedural steps. 4.5 Arbitrator Requirements Independence and impartiality are mandatory and continuing requirements. • Onshore: Article 10 of the UAE Arbitration Law requires a nominee to disclose in writing any circumstances likely to raise doubts as to their impartiality or independence, both on appointment and throughout, and disqualifies arbitrators lacking independence or impartiality, lacking capacity or holding a position within the administering institu - tion’s governing bodies, subject to the exception in Article 10 bis (see 4.1 Limits on Selection ). • Offshore: Article 18 of the DIFC Arbitration Law and Section 20 of the ADGM Arbitration Regulations impose the same disclosure obligation. The institutional rules supplement this legislative framework: under Article 14 of the DIAC 2022 Rules and Article 15 of the ArbitrateAD 2024 Rules, a pro - spective arbitrator must sign a statement of accept - ance, availability, impartiality and independence and is subject to a continuing duty of disclosure. The institu - tion may decline an unsuitable nominee. Competence-competence is firmly established both onshore and offshore: the tribunal may rule on its own jurisdiction, including objections to the exist - ence, validity or scope of the arbitration agreement, either as a preliminary question or in the final award (see Article 19 of the UAE Arbitration Law; Article 23 of the DIFC Arbitration Law; Section 25 of the ADGM Arbitration Regulations). This is reinforced by separability (see 3.4 Validity ), meaning that a challenge to the validity of the under - lying contract does not of itself deprive the tribunal of jurisdiction. The institutional rules are to the same 5. Jurisdiction 5.1 Challenges to Jurisdiction
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