Emergency Arbitration
Overview
Emergency arbitration in the United Arab Emirates (UAE) is governed by several legal frameworks within the Abu Dhabi Global Market (ADGM), Dubai International Financial Centre (DIFC) and mainland UAE, under various arbitral institutions. Each offers mechanisms for urgent interim relief either before or during arbitral proceedings. This Practice Note outlines the procedures, powers, and enforceability of emergency interim relief across these jurisdictions and regimes.
Definitions
ADGM: Abu Dhabi Global Market.
arbitrateAD: Abu Dhabi International Arbitration Centre.
DIFC: Dubai International Financial Centre.
DIAC: Dubai International Arbitration Centre.
Emergency arbitrator: A temporary arbitrator appointed to grant urgent interim relief before the full tribunal is constituted.
Interim measures: Temporary orders to preserve assets, maintain the status quo, or prevent harm.
Tribunal: The arbitrator or a panel of arbitrators appointed to resolve a dispute referred to arbitration.
UAE: United Arab Emirates.
Practical Guidance
Emergency arbitration
Prior to the formal constitution of a tribunal, a party may seek immediate and urgent relief from an emergency arbitrator in various circumstances, including but not limited to, the preservation of evidence, prevention of dissipation of assets, and to prevent any actions that may cause unfair advantages to the other party.