Emergency Arbitration

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Overview

There is relatively limited authority governing the appointment of emergency arbitrators and the enforcement of their determinations in the United Arab Emirates.

This Practice Note provides an overview into:

  • the prominent arbitral institutions present in the United Arab Emirates and whether their arbitration rules expressly provide for recourse to an emergency arbitrator; and

  • the enforceability of determinations made by emergency arbitrators in the various jurisdictions within the United Arab Emirates.

Definitions

  • ADCCAC: Abu Dhabi Commercial Conciliation and Arbitration Centre.

  • ADGM: Abu Dhabi Global Market.

  • DIAC: Dubai International Arbitration Centre.

  • DIFC: Dubai International Financial Centre.

  • DIFC-LCIA: Dubai International Financial Centre – London Court of International Arbitration.

  • EMAC: Emirates Maritime Arbitration Centre.

  • ICC: International Chamber of Commerce.

Overview

What is an emergency arbitrator?

An emergency arbitrator is an individual appointed by an arbitral institution upon application by a party to an arbitration agreement, whereby the party alleges that it requires urgent temporary relief and cannot afford to wait for the constitution of the arbitral tribunal.

Emergency arbitration under institutional rules

Several arbitral institutions which administer arbitrations sat in the United Arab Emirates expressly provide for the appointment of an emergency arbitrator prior to constitution of the arbitral tribunal.