UAE Law and Practice Contributed by: Gerard Moore, Patricia Ugalde Revilla, Antonin Sobek and Alanood Sinjab, Mayer Brown
effect (see Article 6 of the DIAC 2022 Rules; Article 8 of the ArbitrateAD 2024 Rules). 5.2 Circumstances for Court Intervention The court’s role in addressing issues of jurisdiction is limited and arises where the tribunal has upheld its jurisdiction as a preliminary matter. • Onshore: Article 19 (2) of the UAE Arbitration Law allows a party, within 15 days of notice of such a ruling, to ask the court to decide the question; the court must rule within 30 days, its decision is not subject to appeal, and the arbitration is stayed unless the tribunal continues the arbitration at a party’s request. • Offshore: the position is similar in the DIFC and ADGM. Under Article 23 (3) of the DIFC Arbitra - tion Law, a party may refer a positive preliminary ruling to the DIFC Court of First Instance within 30 days, and Section 27 of the ADGM Arbitration Regulations allows the ADGM court to determine a preliminary point of jurisdiction, but no express time limit is prescribed for such an application. The courts are generally supportive and reluctant to intervene; review is confined to cases where the tri - bunal has accepted jurisdiction. 5.3 Timing of Challenge Recourse to the court to challenge the jurisdiction of the tribunal is available in two circumstances: • after the tribunal has issued a positive ruling on jurisdiction (see 5.2 Circumstances for Court Inter- vention ); and • where the tribunal has not issued a positive pre - liminary ruling on jurisdiction, a party must await the final award and raise the point when resisting recognition and enforcement or in set-aside pro - ceedings (within 30 days onshore or three months offshore – see 11.1 Grounds for Appeal ). 5.4 Standard of Judicial Review for Jurisdiction/Admissibility None of the statutes expressly states the standard of review for jurisdiction and admissibility. However, the onshore and offshore legislation asks the court to “decide” jurisdiction rather than merely review the
tribunal’s reasoning, suggesting a de novo determi - nation (see Article 19 (2) of the UAE Arbitration Law; Article 23 (3) of the DIFC Arbitration Law; Section 27 of the ADGM Arbitration Regulations). The courts do not review the merits. In general, courts do not review questions of admis - sibility, such as contractual preconditions to arbitrate, which are for the tribunals, not the courts (see, for instance, Dubai Court of Cassation Case No 1514 of 2022). 5.5 Breach of Arbitration Agreement Where a party sues in breach of an arbitration agree - ment, the court must decline to hear the claim if the defendant invokes the agreement before any defence on the merits, unless the agreement is null and void, inoperative or incapable of being performed (see Arti - cle 8 of the UAE Arbitration Law; Article 13 of the DIFC Arbitration Law; Section 16 of the ADGM Arbitration Regulations). The offshore courts (DIFC and ADGM) may also grant anti-suit injunctions to restrain a party from commencing or continuing court proceedings brought in breach of an arbitration agreement. A par - ty that engages with the merits is treated as having waived the agreement and submitted to the court. 5.6 Jurisdiction Over Third Parties Arbitration in the UAE is consensual. A tribunal can in principle only exercise jurisdiction over a person that is itself a party to the arbitration agreement – there is no UAE law doctrine permitting jurisdiction over true non-signatories: • onshore – Article 22 of the UAE Arbitration Law permits joinder or intervention only where the third party is bound by the arbitration agreement, after all parties have been heard; • ADGM – Section 39 of the ADGM Arbitration Regu - lations similarly allows joinder where the additional party is a party to the agreement or has consented in writing; and • DIFC – the DIFC Arbitration Law is silent and leaves the matter to the institutional rules. The institutional rules permit joinder where the addi - tional party is prima facie bound or all parties consent (see Article 9 of the DIAC 2022 Rules; Article 11 of the
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