UAE Law and Practice Contributed by: Gerard Moore, Patricia Ugalde Revilla, Antonin Sobek and Alanood Sinjab, Mayer Brown
ArbitrateAD 2024 Rules). These rules draw no distinc - tion between domestic and foreign third parties.
cle 18 does not expressly distinguish between domes - tic and foreign-seated arbitrations. However, the UAE Arbitration Law itself applies to onshore-UAE seated arbitrations, suggesting that the powers under Article 18 cannot be exercised in respect of foreign-seated arbitrations. Offshore The DIFC and ADGM courts have the same interim powers as in litigation (Article 24 (3) of the DIFC Arbi - tration Law; Section 31 of the ADGM Arbitration Regu - lations), including in aid of foreign-seated arbitrations. In the ADGM, these powers extend even where no seat is designated or the measure is sought against a non-party. The onshore and offshore frameworks establish no procedure in respect of emergency arbitrators, though the ADGM expressly recognises the concept (Section 3 (b) of the ADGM Arbitration Regulations). The availability of emergency arbitration depends on the chosen arbitration rules. The DIAC 2022 Rules (Appendix II) and the ArbitrateAD 2024 Rules (Article 35) provide for appointment of an emergency arbi - trator, typically within one day, whose decisions take the form of a binding order or award subject to later reconsideration by the tribunal. The appointment does not oust the courts’ jurisdiction to grant or enforce interim relief. 6.3 Security for Costs The tribunal may order security for costs: • onshore – Article 21 (2) of the UAE Arbitration Law allows the tribunal to require security from the party seeking an interim measure, and it is generally considered that it may also order security for costs as a standalone measure; • ADGM – Section 29 of the ADGM Arbitration Regu - lations expressly empowers the tribunal to order a claimant to provide security for the costs of the arbitration; and • DIFC – under Article 24 of the DIFC Arbitration Law, the tribunal may order security in connec - tion with an interim measure, including for another party’s costs.
6. Preliminary and Interim Relief 6.1 Types of Relief
Tribunals seated in the UAE may grant interim and preliminary relief, which is binding and enforceable through the courts (see Article 21 of the UAE Arbitra - tion Law; Article 24 of the DIFC Arbitration Law; Sec - tion 28 of the ADGM Arbitration Regulations). Article 21 of the UAE Arbitration Law does not impose preconditions on the requesting party before interim relief may be granted onshore (see 2.1 Governing Law ). By contrast, the DIFC Arbitration Law (Article 24 (1)(c)) and the ADGM Arbitration Regulations (Sec - tion 28.3) require the applicant to demonstrate that harm not adequately reparable by damages is likely and that there is a reasonable possibility of success on the merits. Available relief typically includes orders to: • maintain or restore the status quo; • prevent current or imminent harm or prejudice to the arbitral process; • preserve assets against which a future award may be satisfied; • preserve evidence; and • secure goods forming part of the subject matter. The tribunal may require security and may modify, suspend or terminate the measure. 6.2 Role of Courts Courts can exercise their powers to order preliminary or interim relief concurrently with the tribunal. Onshore Article 18 of the UAE Arbitration Law empowers the President of the relevant Court of Appeal to order interim or precautionary measures before or during the arbitration, at the request of a party or the tribu - nal; such an application neither stays the arbitration nor waives the agreement. Tribunal-ordered measures may be enforced by the court under Article 21 (4). Arti -
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