What this guide covers
- Commencement — the Request
- The Answer and any counterclaim
- Jurisdiction, joinder and consolidation
- Constituting the tribunal
- Expedited proceedings
- Emergency interim relief
- Challenges and replacement
- Seat, language and applicable law
- Preliminary meeting and written stage
- Evidence, hearings, witnesses and experts
- Interim measures from the tribunal
- The award
- Costs and the advance
- After the award
- Confidentiality and the seven-day waiver
- Frequently asked questions
The 2022 DIAC Rules rebuilt the Centre’s procedure from the ground up. Three changes matter more than the rest: the default seat moved to the DIFC, the Arbitration Court now appoints every arbitrator, and arbitrations below AED 1,000,000 are expedited automatically unless the parties opt out. This is the sequence as the Rules set it out, from the Request to the award, with the article numbers so each step can be checked against the text.
Which rules apply. The 2022 Rules were approved on 25 February 2022 and took effect on 21 March 2022. They apply to arbitrations commenced on or after that date, whatever the date of the underlying contract, unless the parties have agreed otherwise. An arbitration commenced before 21 March 2022 runs under the 2007 Rules. The Rules complement — and are read subject to — UAE Federal Law No. 6 of 2018 where the seat is onshore. See also what the new DIAC procedures mean in practice.
Commencement — the Request
The claimant files a Request for Arbitration with the Centre, together with the registration fee. The fee is not a formality: if it is not paid, the Request is not registered (Article 4.4). Nothing happens until it clears.
The date that fixes commencement is the date the Centre receives a Complete Request (Article 4.6) — the Request and the fee together. That distinction is the one to watch where a limitation period is running, because the date a Request is sent and the date the arbitration commences can differ by however long the payment takes to arrive. Where the deadline is tight, the fee should go out first, or at the same time, and the transfer confirmation should be in the filing bundle.
The Answer and any counterclaim
The respondent has 30 days from notification of the Request to file an Answer (Article 5.1). A counterclaim carries its own registration fee, payable within seven days, failing which the counterclaim is not registered (Article 5.5) — the same trap as the Request, on a shorter fuse.
Failing to file an Answer does not stop the arbitration (Article 5.6). The Centre may extend the period by up to 10 days, but only where the application for the extension already contains the respondent’s comments on, or nomination of, an arbitrator (Article 5.7). A respondent asking for more time cannot defer the arbitrator question to buy it.
Jurisdiction, joinder and consolidation
Two different deadlines apply to two different objections, and they are frequently conflated. A preliminary objection to jurisdiction must be raised no later than with the Answer (Article 6.2). A broader objection that the tribunal lacks jurisdiction over a particular claim must be raised no later than the statement of defence (Article 6.4). Miss the first and the preliminary route closes; miss the second and the point is gone.
Where the Arbitration Court declines to consolidate, the claims that were not consolidated must be re-submitted within 15 days or they are treated as withdrawn (Article 8.3). That is a short window in which to redraft and re-file, and the fee consequences follow the new filing.
Constituting the tribunal
This is where the 2022 Rules depart most sharply from what parties expect. All arbitrators are appointed by the Arbitration Court (Article 12.1). Where the arbitration agreement purports to give a party the right to appoint, that right is construed as a right to nominate. The Court appoints.
Absent agreement on number, the default is a sole arbitrator unless the Arbitration Court decides that three are appropriate (Article 10.2). In a three-member tribunal the two co-arbitrators have 10 days to agree a chairperson (Article 12.4(b)); failing that, the Court appoints.
Two consequences deserve emphasis. Failure to nominate within the time allowed is an irrevocable waiver of the opportunity (Article 12.7) — there is no discretionary relief. And the Court will only make the appointment once the advance on costs has been paid in full (Article 12.8), so a party withholding payment delays the constitution of the tribunal rather than only its own position.
Where the parties prefer a structured selection, Article 13 provides a list procedure: the Centre circulates at least three names, each party may add up to three of its own, and the parties have seven days to rank them.
Expedited proceedings
Expedited proceedings apply automatically where the total claimed and counterclaimed is AED 1,000,000 or below, exclusive of interest and legal representation costs, unless the parties have agreed otherwise in writing (Article 32.1(a)). They also apply by written agreement, or in cases of exceptional urgency determined by the Arbitration Court (Articles 32.1(b) and (c)).
The automatic threshold is the point most often missed at drafting stage. It is an opt-out mechanism: a party that wants a full-length procedure on a AED 900,000 claim has to have said so in writing, in advance. Note also what the threshold excludes — interest and legal costs do not count towards it, so a claim of AED 950,000 with substantial accrued interest still falls inside.
An application is made before the tribunal is constituted and after the Answer (or after the time for it has passed). The other parties have seven days to comment, and silence is treated as no opposition (Article 32.2). Once the Court decides, and provided the advance on costs is paid in full, the Centre seeks to appoint a sole arbitrator within five days (Article 32.3). The tribunal may limit the scope of evidence (Article 32.4) and must issue the final award within three months of the file being transmitted, unless the Arbitration Court extends on exceptional grounds (Article 32.5).
The procedure is not a one-way door: the tribunal may seek the Court’s approval to continue on a non-expedited basis, and where it does the same tribunal carries on (Article 32.6).
Emergency interim relief
An application for emergency relief may be made concurrently with or after the Request, but must be made before the tribunal is constituted (Appendix II, Article 2.1). It sets out the grounds for appointing an emergency arbitrator and the relief sought, and carries a non-refundable registration fee (Appendix II, Articles 2.3 and 2.4).
The timetable is the fastest of the major institutions. Where the Arbitration Court is prima facie satisfied that the proceeding is reasonable, the Centre seeks to appoint an emergency arbitrator within one day of receiving a compliant application (Appendix II, Article 2.5). Any challenge to that appointment must be made within two business days, and the Court decides within two business days of receiving it (Appendix II, Article 2.8). The emergency arbitrator establishes a timetable within two business days of the file reaching them (Appendix II, Article 2.9) and may grant relief on an extemporary basis with detailed reasoning to follow (Appendix II, Article 2.10).
Applications without notice are contemplated, but only where the applying party satisfies the arbitrator why notice would jeopardise the application, or certifies the steps taken in good faith to notify (Appendix II, Article 1.4). The appointment is revoked once the tribunal is constituted (Appendix II, Article 2.12), and the preliminary order ceases to bind if the tribunal discharges it, the arbitration terminates, or the final award does not give it permanent effect (Appendix II, Article 2.13).
Agreeing to arbitrate under the Rules is agreement to the emergency arbitrator provisions unless the parties have excluded them in writing (Appendix II, Article 2.15).
Challenges and replacement
A challenge to an arbitrator must be brought within 15 days (Article 15.2).
Replacement has two timing consequences worth planning around. The time limit for the final award is extended by the number of days lost to the replacement (Article 16.3) — the clock does not simply run on. And the reconstituted tribunal has 20 days to decide whether any part of the proceedings must be repeated (Article 16.4), which is the moment to make submissions if a party wants evidence reheard rather than read from a transcript.
Seat, language and applicable law
Where the parties have agreed neither a seat nor a venue, the initial seat is the DIFC (Article 20.1). This is the single most consequential default in the Rules. It places the arbitration under the DIFC Arbitration Law with the DIFC Court as supervisory court — a common-law curial regime, not the onshore regime under Federal Law No. 6 of 2018. Parties who assume that a Dubai arbitration is an onshore arbitration are frequently wrong about which court will hear a set-aside application.
The initial language is the language of the agreement to arbitrate (Article 21.1). Where a contract is executed bilingually, that is worth resolving in the clause rather than after a dispute arises.
On the merits, the tribunal applies the law chosen by the parties; absent choice, the rules of law it considers most appropriate (Article 30.1). A designation of a state’s law refers to its substantive law and not its conflict rules (Article 30.2). The tribunal may decide ex aequo et bono or as amiable compositeur only on the parties’ express written agreement (Article 30.4).
Third-party funding must be disclosed, and the disclosure must be made before the tribunal is constituted (Article 22.1).
Preliminary meeting and written stage
The tribunal must contact the parties to set a date for a preliminary meeting no later than 15 days after the file is transmitted to it (Article 23.1). The meeting may be held remotely (Article 23.2), and the tribunal fixes the timetable for pleadings and evidence after consulting the parties (Article 23.3).
Unless a detailed statement was already filed with the Request or Answer, the detailed statements of claim and defence follow within the periods the tribunal sets, each accompanied by all or part of the evidence relied on as the tribunal directs (Articles 24.1 and 24.2).
After those statements, no new claims or counterclaims may be introduced without the tribunal’s permission or the parties’ agreement (Article 24.3). The tribunal weighs the nature of the new claim, the stage reached, the delay, and the prejudice to the other side. There is a costs consequence too: the tribunal must inform the Centre of any increase in the sums claimed, which feeds directly into the advance on costs.
A party may withdraw a claim at any time before the final award, provided no other party objects; if there is an objection, the tribunal decides and may deal with costs (Article 24.5).
Evidence, hearings, witnesses and experts
Each party bears the burden of proving the facts it relies on (Article 25.1). The tribunal, after consulting the parties, determines the applicable rules of evidence and the manner and form of exchange, and rules on admissibility, relevance, materiality and weight (Article 25.2). It may order document production on application or on its own initiative, and may order a party to make property available for inspection or testing (Article 25.3).
A hearing is held if either party asks for one (Article 26.1). Absent a request, the tribunal decides whether one is necessary; if not, the arbitration proceeds on documents alone (Article 26.6). Hearings are held in private unless the tribunal directs or the parties agree otherwise, and non-participants are admitted only with the approval of both the tribunal and the parties (Article 26.5). A party that fails to appear without good cause does not stop the hearing (Article 26.4).
Witnesses of fact and party-appointed experts may give evidence, and the tribunal may limit appearances to avoid duplication or irrelevance (Article 27.1). Written testimony is permitted, but the tribunal may make its admissibility or weight conditional on the witness being available for cross-examination (Article 27.3) — the practical answer to a statement served by a witness who will not attend. The tribunal may require an oath, subject to the mandatory provisions of the law of the seat (Article 27.6).
A tribunal-appointed expert may be appointed no later than the final evidentiary hearing, must sign a confidentiality undertaking, and the terms of appointment are communicated to the parties (Article 28.1). The parties comment on the report and may question the expert at a hearing, where they may also call their own experts (Articles 28.3 and 28.4). The expert’s work begins only once the costs fixed for it have been paid in full to the Centre (Article 28.6).
Non-participation has asymmetric consequences. If the claimant fails to serve its statement of claim without good cause, the tribunal may decide not to proceed with the claim — but may still determine the respondent’s rights and any counterclaim (Article 29.2). If the respondent fails, the tribunal proceeds and issues the final award (Article 29.3). In either case the tribunal may draw adverse inferences (Article 29.5).
Interim measures from the tribunal
The tribunal may order interim measures and issue a preliminary order in support, giving summary reasons in writing (Appendix II, Article 1.1). The enumerated categories include preserving the status quo, preventing imminent harm or prejudice to the process, preventing dissipation of assets, preserving evidence, and security for the costs of the arbitration — expressly including legal representatives’ fees (Appendix II, Article 1.2(g)).
The test for most categories is the familiar two limbs: harm not adequately reparable by damages that substantially outweighs the harm to the party restrained, and a reasonable possibility of success on the merits, which does not bind the tribunal later (Appendix II, Article 1.3).
Two provisions have real teeth. Preliminary orders are binding and must be complied with immediately and without delay; failure to comply with an order to provide security for costs may result in the tribunal staying that party’s claim or counterclaim (Appendix II, Article 1.14). And a party against whom an order was made without notice has the right to apply to set it aside, with a hearing convened as soon as reasonably practicable, the burden resting on the party that obtained the order (Appendix II, Article 1.11).
Applying to a court for interim measures, or to enforce a tribunal’s measure, is not incompatible with the arbitration agreement and is not a waiver of it (Appendix II, Article 1.13).
The award
The tribunal closes the proceedings once satisfied the parties have had adequate opportunity to present their case (Article 31.1), and may re-open in exceptional circumstances at any time before the final award (Article 31.2).
Where the parties settle, the tribunal issues a termination order, or a consent award if the parties jointly request one — which must state that it was issued with their consent (Article 33.1). For a settlement that requires enforcement across borders, the consent award is the form to ask for.
Awards are in writing and binding, and the parties undertake to comply immediately and without delay (Article 34.2). Where there is more than one arbitrator the award may be issued by a majority; in the absence of a majority the chairperson issues it alone (Article 34.3). Article 34.4 sets out the required contents, including the full text of the arbitration agreement and a reference to the seat, language and applicable law.
Two institutional controls sit at the end of the process. The tribunal must submit its final draft to the Arbitration Court not less than 30 days before the award deadline expires (Article 34.5) — DIAC’s scrutiny stage, directed at form and at fixing fees. And the Centre communicates the signed award to the parties only once the advance on costs has been paid in full (Article 34.7).
The deadline itself is six months from the date the file is transmitted to the tribunal (Article 35.1). It may be extended by written agreement of all parties, or by the Arbitration Court on a reasoned request. If less than one month remains when the request is made, the period is automatically extended by one calendar month while the Court decides (Article 35.3) — a useful safety valve, but not one to rely on as a matter of course.
Costs and the advance
The costs of the arbitration comprise the registration fees, the Centre’s administrative fees, the tribunal’s fees and expenses, the costs of any tribunal-appointed expert, and the fees and expenses of the parties’ legal representatives (Article 36.1). The final award fixes those costs and apportions them between the parties (Article 36.3), and the tribunal may issue an award dealing solely with costs (Article 36.2).
The advance on costs is fixed by reference to the total sums claimed and counterclaimed (Appendix I, Article 2.1) and is payable in equal shares by claimant and respondent (Appendix I, Article 2.2). Because the advance drives so much — appointment under Article 12.8, the start of expert work under Article 28.6, release of the award under Article 34.7 — the equal-shares rule is worth explaining to a client early. A respondent who does not pay does not stall the arbitration; the claimant substitutes and recovers later.
Our arbitration cost calculator models the DIAC schedule against arbitrateAD, SIAC and the LCIA for a given amount in dispute and tribunal size.
After the award
A party has 30 days from receipt to request an interpretation or the correction of a computational, clerical or typographical error, and the tribunal provides it within 30 days of receiving the request (Articles 37.1 and 37.2). The tribunal may correct on its own initiative within the same 30 days (Article 37.3).
A request for an additional award on a claim presented but omitted must also be made within 30 days; the tribunal has 60 days from the request to issue it (Article 37.4). No additional fees are charged for supplemental or additional awards (Article 37.6).
Confidentiality and the seven-day waiver
The Rules impose a general obligation of confidentiality over the proceedings, the materials and the award (Article 38). An award may be made public only with consent (Article 34.8).
Finally, the provision most easily overlooked and least easily cured. A party that knows of a non-compliance with the Rules, the arbitration agreement or a tribunal direction, and does not object within seven days, is treated as having irrevocably waived the right to object (Article 42). Seven days is short. In practice it means a running note of procedural irregularities kept from day one, with objections put on the record as they arise rather than saved for a set-aside application that will not hear them.
Frequently asked questions
When does a DIAC arbitration commence?
On the date the Centre receives a Complete Request — the Request together with the registration fee (Articles 4.4 and 4.6). A Request filed without the fee is not registered. Where a limitation period is close, that is the provision to watch, because the filing date and the commencement date are not the same thing.
Can a party appoint its own arbitrator under the 2022 DIAC Rules?
No. All arbitrators are appointed by the Arbitration Court (Article 12.1). Any agreement giving a party the right to appoint is construed as a right to nominate. This is a deliberate change from the 2007 Rules and it catches parties who have drafted their clause on the old assumption.
What is the seat if the contract is silent?
The DIFC (Article 20.1). Absent agreement on both the seat and the venue, the initial seat is the DIFC — which places the arbitration under the DIFC Arbitration Law and the DIFC Court as curial court, not the Dubai onshore courts. The tribunal may determine a different seat, but silence does not default onshore.
When are expedited proceedings automatic?
Where the total claimed and counterclaimed is AED 1,000,000 or below, exclusive of interest and legal representation costs, unless the parties agree otherwise in writing (Article 32.1(a)). It is an opt-out, not an opt-in. The award is then due within three months of the file reaching the tribunal (Article 32.5).
How long does the tribunal have to issue the final award?
Six months from the date the Centre transmits the file to the tribunal (Article 35.1), extendable by written agreement of all parties or by the Arbitration Court on a reasoned request. If less than one month remains when the request is made, the time limit is automatically extended by one calendar month while the Court decides (Article 35.3).
Can DIAC withhold an award over unpaid costs?
Yes. The Centre communicates the signed award to the parties only once the advance on costs has been paid in full (Article 34.7). Where one side has funded the arbitration alone, that party generally pays the balance to obtain the award and recovers it under the costs order.
Are legal fees recoverable in a DIAC arbitration?
Yes. The costs of the arbitration expressly include the fees and expenses of the parties' legal representatives (Article 36.1), and the final award fixes those costs and apportions them (Article 36.3). The tribunal may also issue an award dealing solely with costs (Article 36.2).
How quickly can an emergency arbitrator be appointed?
The Centre seeks to appoint one within one day of receiving a compliant application (Appendix II, Article 2.5) — the shortest appointment window among the major institutions. The emergency arbitrator then sets a timetable within two business days of the file being transmitted (Appendix II, Article 2.9).