UAE Law and Practice Contributed by: Gerard Moore, Patricia Ugalde Revilla, Antonin Sobek and Alanood Sinjab, Mayer Brown
The institutional rules also confirm the tribunal’s pow - ers to order security in connection with an interim measure (eg, see DIAC 2022 Rules (Appendix II); Arbi - trateAD 2024 Rules (Article 34 (3)). The courts may also order security in the exercise of their interim-measures powers (see Article 18 of the UAE Arbitration Law; Article 24 (3) of the DIFC Arbitration Law; Section 31 of the ADGM Arbitration Regulations). As set out in 1.1 Prevalence of Arbitration , the laws governing the procedure of the arbitration will depend on the applicable legal framework. These contain pro - visions on various aspects of the arbitral process – including the constitution of the tribunal, pleadings, and expert and witness evidence. Under Article 23 of the UAE Arbitration Law, Article 26 of the DIFC Arbi - tration Law and Section 34 of the ADGM Arbitration Regulations, if the parties do not agree on procedure, the tribunal may conduct the proceedings as it con - siders appropriate. The procedure will also be governed by the institu - tional rules chosen by the parties (eg, the DIAC 2022 Rules or the ArbitrateAD 2024 Rules). For ad hoc proceedings, the parties and tribunal determine the applicable rules. 7.2 Procedural Steps The applicable legal frameworks give the parties con - siderable freedom to agree the arbitral procedure, with the key procedural requirements differing between the onshore and offshore regimes. • Onshore – the UAE Arbitration Law requires: 7. Procedure 7.1 Governing Rules (a) proper notice, equal treatment of the parties; (b) an opportunity for each party to present its case; and (c) observance of the agreed procedure and com - pliance with the statutory rules on tribunal ap - pointment, challenge, jurisdictional objections, hearings, evidence and awards.
• Offshore – the DIFC Arbitration Law and ADGM Arbitration Regulations likewise give deference to the parties – with party autonomy being a key, underpinning principle. Both offshore jurisdictions nevertheless mandate equal treatment and a fair or reasonable opportunity for each party to present its case. 7.3 Powers and Duties of Arbitrators The applicable onshore and offshore laws provide the tribunal with various procedural duties and case man - agement powers. In broad terms, arbitrators must: • act fairly; • remain within their jurisdiction; • conduct the proceedings in accordance with the parties’ agreement, mandatory law and confidenti - ality obligations; • avoid undue delay; • disclose any conflicts; and • issue an enforceable award in the required form and within the prescribed time limit. They also have powers to determine procedure, rule on jurisdiction, manage evidence, grant interim meas - ures (where permitted) and decide the substance of the dispute. The relevant provisions supporting the powers and duties set out above are found at the following: • onshore – UAE Arbitration Law Articles 10, 19, 21, 23, 26,32, 33, 38, 41, 42 and 44; • offshore – DIFC Arbitration Law Articles 14, 18, 23, 24, 25, 26 (2), 32, 35 and 36; and • offshore – ADGM Arbitration Regulations Sections 20, 24, 28, 33, 34, 37, 44, 46, 47 and 49. 7.4 Legal Representatives The requirements for legal representatives are specific to the applicable legal framework. Onshore The UAE Arbitration Law does not impose a general requirement that party representatives must be UAE- qualified advocates or lawyers. Under Article 33 (4), parties may appoint legal experts and legal repre - sentatives, including lawyers and others, to represent
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