The arbitration landscape within the UAE is evolving—that is undeniable.
From legislative updates to an increasing appetite for and use of technology, the message to the international arbitration community is clear: the UAE has a lot to offer, is invested in arbitration as an effective means of settling disputes, and is taking action to facilitate its use.
UAE arbitrations on the rise
The UAE is modernising its approach to arbitration to establish and solidify its position as a preferred arbitral destination. Over the years, there have been several updates to the legal framework that impact arbitration, including the 2023 reform of Federal Law No. 6 of 2018 on Arbitration.
These amendments granted tribunals considerable discretion in choosing the format of proceedings and legitimised virtual proceedings, strengthened provisions on arbitrator impartiality, and extended confidentially provisions to better align UAE arbitration law with international arbitration standards. In addition, there are a number of arbitration institutions in the UAE ready to administer arbitrations conducted in the UAE including:
- Dubai International Arbitration Centre (DIAC)—relaunched as a single consolidated centre in 2021, with new arbitration rules in 2022;
- Abu Dhabi International Arbitration Centre (arbitrateAD)—launched in 2024 together with new arbitration rules, replacing the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC);
- Ras Al Khaimah Reconciliation and Arbitration Centre (RAK Chamber).
It is also worth noting that the ICC Court of Arbitration opened a case management office in the Abu Dhabi Global Market (ADGM) in 2021.
The amendments to the legal framework, the increased adoption of technology, the availability of hearing venues and arbitral institutions have likely contributed to the increased appeal of bringing international arbitration cases to the UAE.
The role of technology
Research suggests that all stakeholders in arbitration value jurisdictions where technological advances are supported and promoted. Notably, a 2018 survey undertaken by White & Case and Queen Mary, University of London found that 61% of respondents think that “increased efficiency, including through technology” is the most likely factor to shape the future of international arbitration.
Indeed, the availability and adoption of advanced hearing technology and services may be a consideration that’s increasingly compelling to the international arbitration community when selecting a seat.
Throughout the arbitration landscape, more and more cases involve international parties and remote participants. The use of virtual hearings, which rose to prominence during the pandemic, is still very popular. Consequently, access to cutting-edge technology to facilitate hybrid or fully virtual hearings and adapting arbitration to a digital era has become a key decision factor. Virtual hearings appeal for several reasons including time and cost savings as well as the benefits to sustainability. The latter is highlighted in the recent sustainability guidelines published by the Campaign for Greener Arbitrations which includes considerations for witnesses and experts giving evidence via video-conferencing facilities rather than attending in-person hearings when appropriate.
This is recognised and promoted by the amendments in Federal Decree No. 15 of 2023 which include specific provisions allowing parties to conduct arbitration hearings virtually. The UAE has even taken a step further by imposing a duty on arbitral institutions to provide the technologies necessary to conduct proceedings in this manner.
It is the perfect illustration of the UAE’s commitment to adopting technology to serve the international arbitration community by proactively offering solutions to overcome geographical barriers making arbitration more accessible and convenient.
Attracting the arbitration community
The UAE’s evolving approach over the years signifies its investment in and commitment to modern arbitration—and technology will continue to be a big part of that moving forward.
For arbitration venues, that means integrating technology when designing and building facilities and specialised hearing rooms.
For arbitration in general, it means investing in advanced arbitration technology to simplify, drive efficiency, and add dynamism to the proceedings by:
- Providing tools to manage and organise in-person, hybrid, and virtual hearings;
- Enabling the preparation of electronic bundles shared with all stakeholders;
- Ensuring evidence is presented in the hearing in the best possible way;
- Delivering real-time transcription services;
- Providing technical testing and support with managed hearing support services.
Whether hosted in a well-established venue or in an off-site location, it is best practice to engage a fully integrated technology and service provider to deliver all of the above and ensure a successful hearing. These expert providers have the technical and real-world expertise to reduce risk, adapt quickly, and if needed, troubleshoot any technical fault, whatever the circumstances.
Conclusion
Ultimately, jurisdictions, arbitral institutions, and venues all play a role in increasing the number of cases heard in the region and shaping the future of international arbitration. The availability of advanced technology and services can also impact the region’s ability to sustain growth.
Having built a strong legal and technology framework, the UAE is well-positioned for the future. It has the opportunity to further establish the region as an international arbitration hub by continuing to adapt quickly, building a reputation for innovation—almost certainly leading to even more growth in coming years.
Nadia Nicolaou is a dual-qualified lawyer (England & Wales and Cyprus) specialising in corporate and commercial disputes. She is a subject matter expert specialising in litigation and arbitration at legal software company Opus 2.
