Arbitral Process
International arbitration proceedings can be difficult to navigate. This guide provides a step-by-step overview of how an arbitration at the Abu Dhabi International Arbitration Centre works. The proceedings will be conducted through the docketAD platform. A separate user guide for docketAD is available here
Actors involved in an arbitration
Often referred to as plaintiff in court proceedings, the claimant in an arbitration is the party who requests the commencement of the arbitration proceedings.
Often referred to as defendant in court proceedings, the respondent is the party against whom the arbitration proceedings are initiated.
The arbitral tribunal is the panel of arbitrators who decide over the issues in dispute. The same term is often used even if there is only one arbitrator, though Sole Arbitrator is a more accurate designation in that case.
The case management team at the Abu Dhabi International Arbitration Centre. The Secretariat is impartial and independent from the parties involved in the arbitration.
Specialized body within the Abu Dhabi International Arbitration Centre responsible for overseeing arbitration proceedings and deciding a limited number of procedural issues, in accordance with the arbitration rules.
Request for Arbitration
The first step of the arbitration process is the filing of the Request for Arbitration. It is the claimant who submits the request with arbitrateAD via email at cases@arbitratead.ae. The request typically contains a brief overview of the dispute, the applicable arbitration clause, the arbitrator whom the claimant wishes to nominate, and the solution that the claimant is requesting from the arbitrator(s). Claimants should carefully review the requirements listed in Article 6 of the arbitration rules. Among other mandatory elements, the request must be accompanied by the requisite filing fee.
After the Request for Arbitration is received, the Secretariat checks whether all the requirements listed in Article 6 of the arbitration rules are met. If this is the case, the Secretariat will confirm receipt to the Claimant and will send the Request for Arbitration to the respondent.
Answer to the Request for Arbitration
When served with the Request for Arbitration, the respondent will be asked to submit a reply – formally called the Answer to the Request for Arbitration – with arbitrateAD. The answer typically contains a brief reply to the case presented by the claimant – i.e., why the respondent disagrees –, the arbitrator whom the respondent wishes to nominate, the solution requested from the tribunal, and, where applicable, the respondent’s counterclaim. Respondents should carefully review the requirements listed in Article 7 of the arbitration rules.
After the Answer to the Request for Arbitration is received, the Secretariat checks whether all requirements listed in Article 7 of the arbitration rules are met.
Based on the parties’ claims, the Secretariat calculates the advance on costs which are finally determined by the Court at the end of the proceedings. Unless otherwise stated in the arbitration agreement, the advance on costs will be paid by the parties in equal shares. If one party refuses to pay, the Secretariat will give the other party the opportunity to do so. If the required payments are not made, the case will be dismissed.
Depending on the terms of the arbitration clause, the Secretariat will refer the case to 1, 3, or more arbitrators. If the parties have nominated any arbitrators, the Court of Arbitration will review the parties’ nomination in accordance with Article 14 of the rules and, if satisfied, will proceed with appointing those arbitrators to the tribunal. If one or more arbitrators need to be appointed by arbitrateAD, the Court of Arbitration will do so in accordance with Article 13 of the rules.
When the advance on costs has been paid, and the arbitral tribunal constituted, the Secretariat will refer the case to the arbitral tribunal.
Once the case has been referred to the arbitral tribunal, the procedure will primarily be organized by the arbitrator(s). Under Article 26 of the rules, the arbitral tribunal is expected to organize an initial case management conference within 15 days after the tribunal members receive the case file. This conference is a meeting which the parties’ representatives are encouraged to attend, and where, among other things, the procedural timetable, phasing of the proceedings, and the number and form of submissions are discussed.
These submissions include the Statement of Claim and the Statement of Defense.
- The Statement of Claim is a submission filed by the claimant in which they set out their version of the facts, the legal basis for their claim(s), and the solution requested from the arbitral tribunal. It is typically seen as an expanded and more detailed version of the Request for Arbitration.
- The Statement of Defense is a submission filed by the respondent after the Statement of Claim. The respondent is expected to state where their version of the facts differs from the claimant’s, the legal basis for their defense(s), and the solution requested from the arbitral tribunal. It can be seen as an expanded and more detailed version of the Answer to the Request for Arbitration. The Statement of Defense may also include any counterclaims that the respondent may have.
The Arbitral Tribunal may require the parties to file further submissions.
Once all the written submissions have been filed, the arbitral tribunal may choose to summon the parties to a hearing (or one or more parties may request to hold one). The arbitral tribunal is free to choose how the hearing is conducted and may choose to hold the hearing remotely.
The final step in the proceedings is for the arbitral tribunal to render a binding decision, called an (arbitral) award. The deadline for issuing the final award depends on the type of proceeding (emergency, expedited, or normal). Parties can consult the arbitration rules for more details.