UAE Law and Practice Contributed by: Gerard Moore, Patricia Ugalde Revilla, Antonin Sobek and Alanood Sinjab, Mayer Brown
Both provisions require the disclosure of a third-party funding agreement. 13.4 Consolidation The UAE Arbitration Law and the DIFC Arbitration Law are silent on consolidation. However, there are such rules within the ADGM – Section 38 of the ADGM Arbitration Regulations allows for consolidation if all parties agree. The ADGM court orders the consolida - tion – but it has no power to do so in the absence of a party agreement. There are also applicable institutional rules under:
• Article 8 of the DIAC 2022 Rules; and • Article 12 of the ArbitrateAD 2024 Rules.
Both provisions allow for consolidation where all par - ties agree, or subject to certain conditions (differing depending on whether the proceedings involve the same or multiple arbitration agreements). The DIAC Arbitration Court and ArbitrateAD Court of Arbitration order consolidation. 13.5 Binding of Third Parties Third parties can be bound by an arbitration agree - ment only if they are party to it. Equally, an award will only be binding on a third party if that third party was a party to the arbitration – and, therefore, the arbitra - tion agreement.
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