UAE Law and Practice Contributed by: Gerard Moore, Patricia Ugalde Revilla, Antonin Sobek and Alanood Sinjab, Mayer Brown
of the New York Convention; Article 44 of the DIFC Arbitration Law; Section 62 of the ADGM Arbitration Regulations). Where set-aside proceedings are pending at the seat, the courts may adjourn or stay enforcement and order security (see Article 44 (2) of the DIFC Arbitration Law; Section 62 of the ADGM Arbitration Regulations; Arti - cle 56 of the UAE Arbitration Law). In practice, the courts tend to await the determination of the court of the seat. There is no free-standing defence of sovereign immu - nity at recognition, although immunity can present obstacles at execution. For instance: • public property of the State or any emirate may not be attached, regardless of any contractual waiver (Article 242 of Federal Decree-Law No 42 of 2022); and • the assets of the ruler and government of Dubai may not be seized, and a judgment against the government of Dubai must be enforced through the Attorney General and the Director of the Diwan (Dubai Law No 3 of 1996, as amended). 12.3 Approach of the Courts The UAE, DIFC and ADGM courts are generally sup - portive of recognition and enforcement of arbitra - tion awards. The burden lies on the party resisting enforcement to establish a statutory ground (see 11.1 Grounds for Appeal for the grounds and procedure), and the courts will not re-open the merits (see 11.3 Standard of Judicial Review ). • Onshore: recognition and refusal are assessed by domestic standards, increasingly informed by international public policy where not incompatible with UAE public policy. Public policy is construed narrowly – only matters genuinely touching pub - lic order (such as Sharia principles), rather than the parties’ private interests, may justify refusing enforcement on that ground. • Offshore: the DIFC and ADGM courts take the same narrow approach, recognising and enforcing awards subject only to the limited grounds in Arti - cle 44 of the DIFC Arbitration Law and Section 62 of the ADGM Arbitration Regulations, which include
refusal where enforcement would be contrary to the public policy of the UAE.
13. Miscellaneous 13.1 Class Action or Group Arbitration There is no class action regime in the UAE. However: • Article 22 of the UAE Arbitration Law permits tribu - nals to join third parties to an arbitration, provided they are bound to the underlying arbitration agree - ment; and • Article 9 of the ArbitrateAD 2024 Rules provides for multiple parties bringing claims against one anoth - er, prior to the constitution of the tribunal. 13.2 Ethical Codes The relevant ethical codes and professional standards in the UAE are primarily set out in Federal Law No 23 of 1991 (the “Advocates Law”) and Cabinet Decision No 9 of 2025 (the Code of Ethics for the Legal and Legal Consultation Profession) (the “Code”). The enforcement of these rules depends on the emir - ate. In Dubai, the Dubai Legal Affairs Department (DLAD) regulates and enforces additional conduct and licensing standards for lawyers practising in the emirate. There are no specific rules applicable to arbitrators. However, in addition to the institutional rules and/or the rules arising under the law of the seat, international arbitral proceedings in the region are typically also guided by the IBA Rules. 13.3 Third-Party Funding The UAE Arbitration Law and the DIFC Arbitration Law are silent on third-party funding. However, Section 37 of the ADGM Arbitration Regulations requires a party to notify all other parties, and the tribunal, of the exist - ence of a third-party funding agreement. There are also applicable institutional rules under:
• Article 22 of the DIAC 2022 Rules; and • Article 28 of the ArbitrateAD 2024 Rules.
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