How to File an Arbitration Request in UAE

Filing an arbitration request in the UAE is the first formal step in commencing arbitral proceedings. Whether the dispute is domestic or international, and whether it is seated onshore or in free zones such as DIFC or ADGM, the process must follow strict procedural requirements to ensure that the arbitration is valid and enforceable. Through our dedicated Arbitration practice, we guide clients through every stage of initiating arbitration in the UAE, ensuring the request is properly filed, procedurally sound, and strategically positioned from the outset.

Understanding when arbitration can be initiated

An arbitration request may be filed only when:

• A valid arbitration agreement exists between the parties
• The dispute falls within the scope of that agreement
• Any pre-arbitration steps (such as negotiation or notice periods) have been satisfied, if required

Arbitration begins not with informal communication but with a formal request submitted to the designated arbitral institution or, in ad hoc cases, served directly on the respondent.

Step 1: Confirm the arbitration agreement and governing rules

The arbitration clause or agreement determines critical procedural elements. Before filing, parties must confirm:

• The arbitral institution (DIAC, ICC, LCIA, ArbitrateAD, etc.)
• The governing arbitration rules chosen by the parties
• The seat of arbitration (onshore UAE, DIFC, ADGM, or otherwise)
• The language of arbitration
• The number of arbitrators (sole or panel of three)
• The scope of disputes covered

If the clause is ambiguous or silent, the request may still be filed, but the tribunal—or the court in limited situations—may need to resolve preliminary issues.

Step 2: Prepare the Notice of Arbitration

The Notice of Arbitration (sometimes called a Request for Arbitration) is the formal document that triggers the process. Although requirements vary across institutions, it typically includes:

1. Parties’ details

• Names and addresses of claimant and respondent
• Contact information for representatives or counsel

2. The arbitration agreement

A copy of the contract containing the arbitration clause must be attached, along with any amendments.

3. A description of the dispute

This section outlines:

• Nature of the dispute
• Facts giving rise to the claim
• Relief or remedies sought

4. Proposed tribunal composition

If the contract requires a three-member tribunal, the Notice may include:

• Claimant’s nominated arbitrator
• Request for the respondent to nominate its arbitrator

For sole arbitrator clauses, the claimant may propose an arbitrator or defer selection to the institution.

5. The chosen institution and rules

If parties selected a specific institution, the Notice must be filed there along with the required fees.

6. Supporting documents

These may include:

• Relevant correspondence
• Contractual notices
• Technical reports
• Formal letters of demand

Step 3: File the request with the relevant arbitration institution

DIAC (Dubai International Arbitration Centre)

• Submit the Request for Arbitration
• Include all mandatory attachments
• Pay the non-refundable registration fee

ICC (International Chamber of Commerce)

• Request for Arbitration must be filed with the ICC Secretariat
• Filing fee must be paid before registration

LCIA

• Submit the Request via email
• Pay the registration and administration fees

Ad hoc arbitration

If arbitration is not institutional, the Notice of Arbitration must be:

• Served directly on the respondent
• Issued according to the agreed procedural rules (e.g., UNCITRAL Rules)

In ad hoc cases, the appointment of the tribunal may require court assistance if parties cannot agree.

Step 4: Payment of filing and registration fees

Arbitration does not formally commence until the required fees are paid. These fees vary by institution and may include:

• Registration fees
• Administrative deposits
• Costs advances for arbitrator fees

Non-payment by the claimant can delay or terminate the filing process.

Step 5: Response to the Notice of Arbitration

Once the institution registers the claim, the respondent is invited to submit a Response, which typically includes:

• Acceptance or challenge to jurisdiction
• Summary of the defence
• Nomination of an arbitrator (if required)

Failure to respond does not prevent proceedings from continuing, but it may affect the respondent’s role in tribunal appointment.

Step 6: Appointment of the arbitral tribunal

The tribunal may be appointed by:

• The parties (if clearly defined in the agreement)
• The arbitral institution (if parties fail to agree)
• The Court of Appeal (in limited onshore situations)

A properly constituted tribunal is essential for the validity of the award.

Step 7: Issuance of the tribunal’s procedural timetable

Once formed, the tribunal will typically issue:

• Procedural Order No. 1
• Timeline for submissions
• Document production protocol
• Hearing dates

This officially starts the substantive phase of the arbitration.

Key considerations when filing an arbitration request

1. Ensure the arbitration clause is enforceable

Defective clauses can lead to jurisdictional challenges and delays.

2. Respect pre-arbitration conditions

Some contracts require negotiation periods or mediation before arbitration.

3. Preserve evidence early

Document management and preservation should begin before filing.

4. Anticipate challenges to jurisdiction

Clear drafting and proper documentation reduce the risk of disputes over tribunal authority.

5. Ensure the correct institution is selected

Filing with the wrong institution may delay proceedings or invalidate the filing.

Documents commonly required for filing

• Executed contract with arbitration clause
• Notice of Arbitration
• Power of attorney for legal counsel
• Proof of payment of registration fees
• Evidence supporting the claim

Errors to avoid when filing an arbitration request in the UAE

• Failing to attach a valid arbitration agreement
• Incorrect nomination of arbitrators
• Omitting key facts or claims in the Notice
• Serving the Notice improperly in ad hoc cases
• Filing in the wrong jurisdiction or institution

Conclusion

Filing an arbitration request in the UAE requires precision, strategic planning, and compliance with procedural rules to ensure the validity and efficiency of the arbitration. From confirming the arbitration agreement to submitting the Notice of Arbitration and nominating arbitrators, each step must be executed correctly to avoid delays or jurisdictional challenges. With decades of experience in DIAC, ICC, LCIA, UNCITRAL, DIFC, and ADGM arbitrations, Al Kabban & Associates provides comprehensive guidance throughout the filing process—ensuring that proceedings begin from a position of strength and are aligned with the highest standards of UAE and international arbitration practice.