Legal services
Counsel in institutional and ad hoc arbitration before DIAC, ADCCAC, ICC and DIFC-seated tribunals.
We represent parties in commercial, construction and maritime arbitration in the UAE and abroad. From drafting the arbitration clause to enforcing the award in the onshore courts, one team handles the whole path.
Arbitration is the preferred way to resolve large commercial disputes in the UAE. It is private, the parties choose their tribunal and the language of the proceedings, and a final award is binding and enforceable under Federal Law No. 6 of 2018 on Arbitration and the New York Convention. Dubai has concentrated institutional arbitration in the Dubai International Arbitration Centre (DIAC) since Decree No. 34 of 2021, while Abu Dhabi offers the Abu Dhabi International Arbitration Centre and the ADGM Arbitration Centre.
Khalifa Al Sada Advocates & Legal Consultants has acted in arbitration for more than two decades. Our lawyers are trained in both civil law and common law systems, which is essential when the seat is onshore, the contract is in English and the counterparty is abroad. We appear as counsel, and we also advise parties on whether arbitration is the right forum before they sign.
Our arbitration clients include:
At the contract stage we draft and review arbitration clauses so that the seat, the rules, the language and the number of arbitrators are clear and enforceable. A poorly drafted clause is the most common reason an award is later challenged, and it is the cheapest problem to prevent.
When a dispute arises we prepare the request for arbitration or the answer, help select the tribunal, and manage the written phase, document production, witness statements, expert evidence and the hearing. We also apply to the onshore courts or the DIFC Courts for interim measures where they are needed. After the award we handle ratification and enforcement before the competent court, or we defend the award against an application to set it aside. Where the client prefers, we run mediation or conciliation in parallel to find a negotiated outcome.
Our offices in Dubai and Abu Dhabi work before DIAC, ADCCAC, the ICC and DIFC-seated tribunals, and our advocates are licensed to appear in the onshore courts that ratify and enforce awards. That combination means the same team follows the case from the first notice to the recovery of money, with no hand-over between an arbitration firm and a litigation firm.
We work in Arabic and English and coordinate with our associate firms in India, Turkey and Canada when a dispute or an enforcement crosses borders.
We confirm that the arbitration agreement is valid, identify the seat and the rules, and check whether the courts retain any role.
We file the request for arbitration or the answer, and advise on the choice of arbitrators.
We prepare the pleadings, evidence and expert reports, and present the case at the hearing in Arabic or English.
We ratify the award before the competent court, enforce it against the debtor's assets, and resist any set-aside attempt.
Yes. A domestic award is ratified by the Court of Appeal under the Arbitration Law; a foreign award is enforced under the New York Convention. The grounds for refusal are limited.
The court will normally stop the case if the other party raises the clause at the first hearing. There are exceptions, and we advise on them before you file.
The language agreed in the clause, otherwise the language the tribunal decides. We work in both Arabic and English.
A DIAC arbitration typically takes between one and two years from commencement to award, depending on the complexity and the number of parties.
Insights
20 Jul 2023 4 min read
Why parties increasingly choose arbitration over the courts, the arbitration institutions the UAE has built in Dubai and Abu Dhabi, and how our offices support clients before DIAC, ICC, DIFC and ADCCAC.
Read moreConsultation
Tell us about your matter. We reply by email or phone, in the language you choose.
Describe your situation in a few lines and we will point you to the right lawyer and office.
