UAE arbitration scene grows more predictable

by Marigold Thorne • 2 hours ago
UAE arbitration scene grows more predictable
Most jurisdictions in the region are now signatories to the New York Convention.

Pursuing a profession in arbitration and alternative dispute resolution (ADR) within the UAE has grown increasingly attainable over the past few years. Arbitration culture has broadened, local jurisdictions are more arbitration-friendly, and major significant legislative reforms have updated arbitration frameworks.

Most jurisdictions in the region are now signatories to the New York Convention, and some, including the UAE, have adopted dual legal systems combining civil law and common law traditions. This has contributed to a more predictable and reliable arbitration environment.

Regional Role Models and Education

The emergence of strong regional role models has also played a significant role. Arbitrators from the Middle East, such as Professor Dr Nayla Comair-Obeid from Lebanon and Professor Dr Mohamed Abdel Wahab from Egypt, have achieved international recognition and leadership positions.

Education and training have also been essential. In the UAE, significant investment has been made in developing arbitration expertise, with arbitral institutions such as the ICC International Court of Arbitration providing practical training programmes for arbitrators and mediators.

The UAE’s diversity has also created a multicultural professional environment, enabling practitioners to exchange perspectives and implement international best practices. This diversity is essential in cross-border arbitration, where understanding different legal and cultural backgrounds is vital.

Economic Perspective and Institutional Developments

From an economic perspective, the region remains dynamic, with recent bilateral investment treaties, including the UAE–India BIT and the Bahrain–UAE BIT, reflecting sustained cross-border investment activity and the importance of arbitration as a dispute resolution mechanism.

The UAE continues to modernise its arbitration infrastructure, with many arbitration centres strengthening their international reach. The establishment of the ICC International Court of Arbitration’s case management office in the Abu Dhabi Global Market (ADGM) in 2021 reflects a commitment to international standards and user confidence.

The courts in the UAE have shown increasing willingness to support arbitration and align with best practices. Recent decisions confirm a pro-arbitration trend, with the Dubai Court of Appeal affirming that the parties’ agreement is the source of the arbitrator’s mandate, reinforcing the principle of party autonomy.

The Dubai Court of Cassation clarified that the seat of arbitration is determined by the parties’ agreement, irrespective of the applicable institutional rules. The Court also confirmed that legal costs, including parties’ lawyers’ fees, are recoverable under the ICC-as well as other arbitral institutions’-rules, subject to the arbitral tribunal’s discretion.

The role of the arbitrator has evolved, with diversity and inclusion initiatives encouraging broader representation. While challenges remain, particularly for young practitioners and women, the progress made in recent years is significant, with the Equal Representation in Arbitration Pledge and its active MENA chapter promoting change.

Zeina Obeid, a partner at Obeid & Partners in Dubai, states that building a successful career in arbitration requires more than technical excellence. It is about trust, reputation, and judgement, with young practitioners needing to be patient, stay humble, and build loyalty early in their careers.

She also emphasizes the importance of building judgement, not shortcuts, and competing with artificial intelligence (AI) by developing legal analysis, risk assessment, and sound judgement skills.

The UAE’s arbitration scene continues to develop, with the next generation of arbitrators having the opportunity and responsibility to shape its future, and the region’s growing influence in international arbitration is likely to be further reinforced by the ongoing efforts to modernise arbitration frameworks and promote diversity and inclusion.

The UAE Supreme Court decision No. 1 of 2025 on August 4, 2025 confirmed that arbitrators are not required to sign every page of an award and that failure to do so does not violate public policy.

The UAE’s arbitration infrastructure continues to strengthen, with a focus on international standards and user confidence.

Institutional developments, such as the ICC’s presence in the UAE, have contributed to the growth of arbitration in the region. The ICC International Court of Arbitration provides practical training programs for arbitrators and mediators, supporting professional development at all stages.

Arbitration Career Development

Seeking feedback and applying it is essential for professional growth.

Mentorship is also key, with loyalty, consistency, and trust being essential to making it work. Building a reputation from day one is vital, with professionalism extending beyond technical skills to communication, behavior, and emotional intelligence.

Early engagement in professional organisations and arbitration communities can be just as important as technical ability.

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