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Drafting Arbitration Clauses & Agreements — ABR Advocates
HomeOur ExpertiseArbitrationDrafting Arbitration Clauses & Agreements
Arbitration

Drafting Arbitration Clauses & Agreements

The arbitration clause is the first line of defense in any contract — and the most common source of avoidable procedural warfare when it is drafted carelessly. A defective clause hands the other side an opening to derail or delay the entire process; a purpose-built one keeps a future dispute on your terms. We draft, review and repair arbitration agreements so that they hold up when it matters.

What a sound clause settles

Under Federal Law No. 6 of 2018 (as amended by Federal Decree-Law No. 15 of 2023), an arbitration agreement must be in writing. Beyond that threshold, an effective clause deliberately settles: the seat (onshore UAE, DIFC, ADGM or foreign); the institution and rules (for example DIAC) or an ad hoc framework; the number of arbitrators and appointment method; the language; the governing law of the contract and of the arbitration agreement itself; and the authority of the signatory — a recurring UAE issue, because the courts examine at enforcement whether the person who signed had capacity to bind the party to arbitration.

How we help

Bespoke drafting tailored to the transaction, the counterparty and the likely enforcement target — not a generic model clause.

Review and repair of clauses in contracts you have already signed, with negotiated replacement where the counterparty will agree.

Submission agreements where no clause exists but a dispute has arisen and both parties will arbitrate by consent.

Common questions

Drafting Arbitration Clauses & Agreements FAQs

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No — it can be a clause in the contract or a separate written agreement. What matters is that it is in writing and signed by someone with authority to agree to arbitration.
Sometimes, but only with the other party’s cooperation. It is far cheaper and more reliable to get it right before signature — which is exactly when to involve us.
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