Arbitration Request — DIAC (UAE)

A Request for Arbitration — DIAC in the United Arab Emirates is the formal document by which a claimant initiates arbitral proceedings before the Dubai International Arbitration Centre (DIAC) under the DIAC Arbitration Rules 2022 and the UAE's principal arbitration statute, Federal Law No. 6 of 2018 on Arbitration in Civil and Commercial Matters (the Federal Arbitration Law). Filing this request with DIAC triggers the commencement of the arbitration, interrupts the running of the UAE limitation period, and starts the procedural timeline that will lead to the constitution of the arbitral tribunal, exchange of written submissions and evidence, an oral hearing (if ordered), and ultimately a final and binding arbitral award.

The Federal Arbitration Law — Federal Law No. 6 of 2018 — is modelled on the UNCITRAL Model Law on International Commercial Arbitration and represents a comprehensive and internationally recognised statutory framework for arbitration in the UAE. It governs arbitration agreements, the constitution and powers of arbitral tribunals, procedural matters, interim measures, and the recognition and enforcement of arbitral awards. Under Article 16 of the Federal Arbitration Law, the filing of a request for arbitration interrupts the limitation period applicable to the underlying claim under the UAE Civil Code — Federal Law No. 5 of 1985 — which is generally fifteen years for contractual claims.

DIAC — the Dubai International Arbitration Centre — was established under Dubai Law No. 6 of 1994 (as amended) and updated its Arbitration Rules in March 2022 (DIAC Arbitration Rules 2022), which apply to all requests filed after 21 March 2022. DIAC is one of the leading arbitration centres in the Middle East and North Africa region and administers both domestic and international commercial arbitrations, handling disputes in construction, energy, real estate, finance, corporate, and maritime sectors. Its caseload typically involves parties from the UAE and the wider GCC, South Asia, and international markets.

The DIAC Arbitration Rules 2022 simplified and aligned DIAC's procedures with best international practice. An arbitral tribunal constituted under those Rules — whether a sole arbitrator or a panel of three — has broad powers to direct the proceedings, order interim measures, take evidence, and issue final and partial awards. Awards are final, binding, and enforceable under the Federal Arbitration Law and, for international awards, under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, to which the UAE acceded in 2006. This international enforceability in over 160 signatory states is one of the principal advantages of DIAC arbitration over litigation in UAE courts, whose judgments are enforceable only in states with which the UAE has bilateral enforcement treaties.

The seat of arbitration has particular legal importance: Article 28 of the Federal Arbitration Law provides that where the UAE is the seat, the mandatory provisions of the Federal Arbitration Law apply to the proceedings, and the UAE courts have supervisory jurisdiction over the arbitration. Dubai Courts — in particular the Dubai Court of First Instance — have jurisdiction to deal with challenges to arbitral awards arising from DIAC arbitrations seated in Dubai under Articles 53–56 of the Federal Arbitration Law.

A Request for Arbitration — DIAC in the United Arab Emirates is needed whenever a party to a contract containing a DIAC arbitration clause has a dispute it wishes to resolve through binding arbitration rather than by litigation before the UAE courts.

A DIAC Arbitration Request is needed when a construction contractor or employer has a payment dispute, delay claim, variation claim, or defect claim under a construction contract that contains a DIAC arbitration clause. Construction disputes are the largest category of DIAC cases by value, and the DIAC Arbitration Rules 2022 include specific procedural provisions for multi-party and complex technical disputes common in construction.

A DIAC Arbitration Request is needed when parties to a commercial contract — a distribution agreement, a joint venture agreement, a shareholders' agreement, or a services contract — dispute the interpretation of the contract or one party's performance, and the contract provides for DIAC arbitration. Filing with DIAC preserves the confidentiality of the proceedings, which is important in commercial disputes where publicity could damage the commercial relationship or the parties' reputations.

A DIAC Arbitration Request is needed when a UAE or international party wants to enforce a contractual right to recover a debt or damages arising from a breach, and needs an award that is enforceable under the New York Convention in the debtor's home jurisdiction outside the UAE. A DIAC award is recognised and enforceable in over 160 countries, giving the claimant enforcement options that a UAE court judgment may not provide.

A DIAC Arbitration Request is needed when the amount in dispute is too large or the issues too complex for expedited court procedures, and the claimant wants a specialist arbitral tribunal with the technical expertise or industry knowledge to understand the dispute.

A DIAC Arbitration Request is needed when the limitation period under the UAE Civil Code (Federal Law No. 5 of 1985) is approaching and the claimant needs to interrupt it promptly under Article 16 of the Federal Arbitration Law — Federal Law No. 6 of 2018.

A Request for Arbitration filed with the Dubai International Arbitration Centre (DIAC) must contain the elements required by Article 4 of the DIAC Arbitration Rules 2022 and by Federal Law No. 6 of 2018 on Arbitration in Civil and Commercial Matters.

Party Identification: The full legal name, address, email, and contact details of the claimant and respondent, and the name and contact details of the claimant's legal representative (if any). DIAC requires complete party details for notification and constitution of the tribunal.

Arbitration Agreement: The arbitration clause or agreement that gives DIAC jurisdiction. Under Article 7 of the Federal Arbitration Law, the arbitration agreement must be in writing (which includes a clause in a contract, a separate agreement, or an exchange of written communications). Without a valid arbitration agreement, DIAC cannot accept jurisdiction. The request should include the full text of the arbitration clause or, where the clause is long, a clear summary with a copy of the contract attached.

Description of Dispute: A clear factual account of the dispute, the relevant background, the events giving rise to the claim, and the legal basis — citing the relevant provisions of the UAE Civil Code (Federal Law No. 5 of 1985), the Commercial Transactions Law (Federal Decree-Law No. 50 of 2022), or other applicable law.

Claims and Relief Sought: A specific list of each head of claim — payment of a principal sum, damages for breach, delay damages, interest, costs — with the AED value of each item and the total value of all claims. The total value is used by DIAC to assess the registration fee.

Arbitration Parameters: The number of arbitrators (sole or three), the seat of arbitration (commonly Dubai), the language, and the governing law. Where these are specified in the arbitration clause, they should be reproduced. Where the clause is silent on any parameter, DIAC will determine it or invite the parties to agree.

Attached Documents: The contract containing the arbitration clause, any pre-dispute notice, demand letters, and other documents material to the claim. Attaching key documents at the time of filing speeds up the tribunal constitution process.

forms-legal.com provides this template as a starting point; parties should verify the current DIAC Arbitration Rules and fee schedule at diac.ae and take advice from an advocate experienced in UAE arbitration before filing.

Completing a Request for Arbitration for DIAC under Federal Law No. 6 of 2018 requires attention to the parties, the arbitration clause, the dispute, and the procedural parameters.

Step one is to enter the claimant's details. Record the full legal name as shown on the Emirates ID, passport, or trade licence, the identification or licence number, the full UAE or international address, the email address, and the name and bar licence number of any UAE advocate instructed. DIAC will correspond primarily by email once the case is registered.

Step two is to identify the respondent. Use the full legal name, last known address, and email. DIAC will serve the request on the respondent at the address given, and incorrect or incomplete details delay notification and constitution of the tribunal.

Step three is to record the arbitration agreement. Copy the full text of the arbitration clause from the contract, noting the governing rules, seat, language, and number of arbitrators. Where the clause refers to old DIAC rules, note that the DIAC Arbitration Rules 2022 apply to new requests filed after 21 March 2022 unless the parties agreed otherwise.

Step four is to describe the dispute in factual, chronological numbered paragraphs. Give the date of the contract, identify the key obligations that were breached, describe what went wrong and when, and identify any pre-dispute demand letters or notices that were sent.

Step five is to list the claims and relief. State the exact AED amount for each head of claim — principal, interest, delay damages, costs — and the total. Round sums for unquantified heads of damage are acceptable at the request stage but should be explained.

Step six is to set the arbitration parameters. State the number of arbitrators, seat, language, and governing law as agreed in the contract. Where any parameter is not agreed, note that DIAC will determine it.

Step seven is to list and attach all documents. Attach the contract, any relevant addenda, the pre-dispute notice or demand letter, invoices or payment records, and correspondence material to the dispute.

Step eight is to submit the request through DIAC's online portal at diac.ae and pay the registration fee, which is calculated on the value of the claims. DIAC will acknowledge receipt, register the case number, and notify the respondent.

A Request for Arbitration with DIAC must comply with Federal Law No. 6 of 2018 on Arbitration in Civil and Commercial Matters (Federal Arbitration Law) and the DIAC Arbitration Rules 2022.

Article 7 of the Federal Arbitration Law requires the arbitration agreement to be in writing, which includes a written clause in a contract or a separate written agreement. An oral agreement to arbitrate is not sufficient to give DIAC jurisdiction. The request must be supported by a copy of the contract or a document showing the written arbitration agreement.

Article 16 of the Federal Arbitration Law provides that filing the request for arbitration interrupts the running of the limitation period applicable to the underlying claim. This is critical where the UAE Civil Code (Federal Law No. 5 of 1985) fifteen-year limitation period for contractual claims, or the one-year period for certain commercial claims under the Commercial Transactions Law (Federal Decree-Law No. 50 of 2022), is approaching. Filing must therefore occur before the period expires.

Registration fee: Article 4(3) of the DIAC Arbitration Rules 2022 requires the claimant to pay the DIAC registration fee at the time of filing. The fee scale is available on the DIAC website at diac.ae. Non-payment of the fee within the prescribed period results in the request being deemed not filed, which may affect the limitation period interruption.

Arbitral tribunal: Articles 18–27 of the Federal Arbitration Law and Articles 12–20 of the DIAC Arbitration Rules 2022 govern the constitution of the tribunal. Where the parties have not agreed on the number of arbitrators, DIAC may appoint a sole arbitrator for smaller disputes and a three-member tribunal for larger or more complex cases. Arbitrators must be impartial and independent under Article 22 of the Federal Arbitration Law.

Seat: Where Dubai is the seat of arbitration, the mandatory provisions of the Federal Arbitration Law apply and Dubai Courts have supervisory jurisdiction, including jurisdiction to hear challenges to the award under Articles 53–56 of the Federal Arbitration Law. Challenges to DIAC awards have been heard by the Dubai Court of First Instance and the Dubai Court of Appeal.

Errors in a Request for Arbitration at DIAC in the United Arab Emirates can cause registration to be refused, delay the constitution of the tribunal, or weaken the claimant's case.

Failing to attach the arbitration agreement is the most fundamental error. DIAC cannot accept jurisdiction without a valid written arbitration agreement under Article 7 of the Federal Arbitration Law — Federal Law No. 6 of 2018. Filing without the contract or an extract showing the arbitration clause will result in DIAC requesting the document, which delays registration.

Filing after the limitation period has expired. The request interrupts the limitation period under Article 16 of the Federal Arbitration Law, but only if filed before the period has run. A claimant who delays filing may find that the respondent raises a limitation defence, which the tribunal must determine. Filing promptly preserves the claimant's position.

Failing to pay the registration fee within the DIAC prescribed period deems the request not filed, which may deprive the claimant of the benefit of the limitation period interruption and require a fresh filing.

Using incorrect or outdated DIAC Rules. The DIAC Arbitration Rules 2022 apply to requests filed after 21 March 2022. Where a contract was signed before that date and refers to older DIAC rules, the applicable rules depend on the transitional provisions; filing under the wrong rules requires correction.

Not stating the correct seat or governing law from the arbitration clause leads the tribunal to address a preliminary dispute about the law applicable to the arbitration — wasting time and cost.

Understating the claim value to reduce the registration fee creates problems at the hearing when the claimant seeks to recover a larger sum; a discrepancy between the filed value and the amount claimed at the hearing may require DIAC approval for amendment and additional fees.