Consultation Paper No. 8 of 2020 - Proposed Amendments to the ADGM Arbitration Regulations 2015

CONSULTATION PAPER
NO. 8 OF 2020
PROPOSED AMENDMENTS
TO THE ADGM ARBITRATION
REGULATIONS 2015
25 November 2020

Why are we issuing this paper?

1. The Board of Directors (the “Board”) of Abu Dhabi Global Market ("ADGM") has issued
   this Consultation Paper to invite public comment on proposed amendments to the ADGM Arbitration Regulations 2015 (“Regulations”). A draft of the proposed amended Regulations is Annexure A to this Paper. How to provide comments
2. All comments should be in writing and sent to the email specified below. Please state the
   Consultation Paper number in the subject line. If relevant, please identify the organisation you represent when providing your comments.
3. ADGM reserves the right to publish, including on its website, any comments you provide,
   unless you expressly request otherwise at the time of making any comments. Comments supported by reasoning and evidence will be given more weight.
4. The deadline for providing comments on this proposal is Wednesday, 9 December 2020.
5. Once we receive your comments, we will consider whether any further modifications are
   required to the proposed amendments Regulations. We will then proceed to publish the Regulations. A notice will be posted on our website informing you when this happens. Address for comments Consultation Paper No. 8 of 2020 Email: enquiry@adgmac.com Telephone: +971 2 333 8976 Introduction

BACKGROUND AND APPROACH
6. The ADGM Arbitration Regulations 2015 (“Regulations”) have been a prime example of
ADGM’s commitment to providing outstanding regulatory frameworks for the global and investor communities. The Regulations firmly established ADGM as a progressive seat of arbitration.
7. ADGM recently undertook a 5-year review of the Regulations with the aim of ensuring they
continue to resonate with the needs of the arbitration community. The review included: a comparative analysis of arbitration laws from leading Model Law jurisdictions; and a review of the rules of the major arbitral institutions as well as recent arbitration-related cases and judgments. The review has resulted in amendments being proposed to the Regulations to make them more contemporary and aligned to international best practice.
8. When preparing the amendments, at the forefront was ADGM’s vision to be innovative,
particularly in relation to the use of technology to increase efficiency in the arbitral process and to reduce the cost of arbitration to parties wherever possible. As part of this, ADGM wished to be ahead of the curve in the way that ADGM’s arbitration law deals with incorporating technology-related solutions into the arbitral process, which is reflected in the amendments.
9. Significant modifications include:
a. identifying the mandatory provisions in the Regulations; b. clarifying the scope of an arbitration agreement in writing;
c. broadening the Court’s powers to grant interim measures in support of non-ADGM
seated arbitrations and against non-parties to the arbitration agreement; d. promoting the use of technology in real terms to enhance the efficient and expeditious conduct of the arbitration; e. mandating disclosure requirements in relation to third party funding agreements; f. providing for the summary disposal of claims, counterclaims and defences; and g. regulating party and party representative conduct.
10. ADGM believes the proposed amendments to the Regulations will enhance its arbitration
framework and will appeal to end users of arbitration, thereby further encouraging the wider use of ADGM as a seat of arbitration. The Regulations

PART 3: ARBITRATION
Chapter 1 – General Provisions
11. Section 9 is a new section that identifies (by reference to Schedule 2) the mandatory
provisions in the Regulations. This will provide parties with added clarity as to which provisions are mandatory and cannot be contracted out of. Section 9 also confirms that parties are able to make their own arrangements in relation to any non-mandatory provisions, including by way of agreeing a set of institutional rules.
Chapter 2 – Arbitration Agreement
12. Section 14(2) has been amended to clarify that an arbitration agreement can be in writing
without it being recorded in writing by the parties themselves. A similar provision is found in section 5 of English Arbitration Act 1996, which was included to cover persons taking up bills of lading that have an arbitration clause, or subscribers of shares where the articles of association contain an arbitration clause.
13. Section 14(2) has also been amended to provide that a party (who does not record his
agreement in writing) may agree to be bound by the arbitration agreement orally or by conduct. This does not take away from the requirement that the arbitration agreement itself must be in writing.
14. Section 14(6) is a new provision that codifies the English common law position in relation
to dispute resolution option clauses. It confirms that, as a matter of ADGM law, these clauses are enforceable. ISSUES FOR CONSIDERATION Q1: DO YOU AGREE WITH THE APPROACH TAKEN IN SECTION 14(2).
Chapter 5 – Interim measures (Section 31)
15. The amendments to section 31 expressly provide that the Court has the power to make an
order for interim measures even if:
a. the seat of the arbitration is outside ADGM; or b. the interim measure is sought against a non-party to the arbitration agreement.
16. The interim measures that the Court may order include the taking of evidence and
provisional or conservatory measures. Significantly, these powers now extend to granting interim measures in support of non-ADGM seated arbitrations, including against non￾parties to the arbitration agreement. The taking of witness evidence from non-parties was recently considered by the English Court of Appeal in A v C [2020] EWCA Civ 409. The amendments reflect the outcome in this case, but are broader in scope in that they also expressly apply to provisional or conservatory measures.

17. The amendments also deal with the process where the case is one of urgency and where
    the case is not one of urgency. They also confirm that the Court shall have the same power of issuing any interim measures in relation to arbitration proceedings as it has in relation to Court proceedings.
    Chapter 6 – Conduct of arbitral proceedings
    Section 34 – Determination of rules of procedure
18. Section 34(2) is a new provision which provides that parties can agree to adopt the ADGM
    Arbitration Centre Guidelines (‘Guidelines’), regardless of the seat or the applicable rules of procedure. This clarifies that the Guidelines operate alongside any applicable arbitration laws or institutional rules, and do not compete with them.
19. Section 34(5) is a new provision that promotes the use of technology wherever possible to
    enhance the efficient and expeditious conduct of the arbitration. Seven technology-related solutions are included in section 34(5) which the arbitral tribunal shall consider using in appropriate cases. These seven solutions are:
    a. the submission, exchange or communication of documents by electronic means; b. the use of electronic signatures for documents submitted, exchanged or communicated;
    c. documents being provided in electronic searchable form;
    d. the use of an electronic document review system for disclosure or document production; e. the use of an electronic document management system for merits hearings; f. the use of an online case management platform in the arbitral proceedings; and g. conducting hearings, in whole or in part, by video conference, telephone or other communication technology
20. The identification of these seven technology-related solutions is a stand-out feature of the
    Regulations, as no other arbitration law in our review went into such detail in relation to the use of technology in arbitral proceedings. The approach adopted in the Regulations is intended to give parties greater comfort that technology-related solutions are part of ADGM’s arbitration DNA and is encouraged in ADGM seated arbitrations wherever appropriate.
21. However, and importantly, the technology-related solutions set out in section 34(5) are not
    mandatory as the tribunal retains a broad discretion as to whether they are appropriate to use in any particular case. The seven solutions are also not exclusive, as there is an eighth catch-all category which relates to any other technology that will enhance the efficient and expeditious conduct of the arbitration.

ISSUES FOR CONSIDERATION
Q2: DO YOU AGREE WITH THE APPROACH TAKEN IN SECTION 34(5)? ARE THERE ANY OTHER TECHNOOGY-RELTED SOLUTIONS THAT SHOULD BE INCLUDED?
Section 35 – Seat of arbitration
22. Section 35(1) is a new provision which clarifies that parties with no other connection to
ADGM can agree to have their disputes determined by way of arbitration seated in ADGM. This was always the case, but this provision reflects the recent amendment made to the ADGM Founding Law which removes any doubt about whether there is a nexus requirement for arbitrations seated in ADGM.
23. Section 35(5) is a new provision which provides that, unless otherwise agreed by the
parties, any meetings or hearings may take place in person or remotely using communications technology in one or more geographical locations.
Section 37 – Disclosure of a third-party funding agreement
24. Section 37 is a new section. It requires a party to notify the arbitral tribunal and all other
parties to the proceedings of the existence of any third-party funding agreement and the identity of the funder. The requirement to disclose the identity of the funder was included so that each tribunal member could consider whether this raised any potential conflict of interest issues.
25. Section 37(2) sets out when the notification is to be made and reflects the early notification
provisions contained in section 225(7) of the ADGM Courts Regulations 2015. Section 37(3) provides that the tribunal may, after consulting with the parties, order the disclosure of other details of the third-party funding agreement.
Section 42 – Summary disposal of claims, counterclaims and defences
26. Section 42 is a new section relating to the summary disposal of claims, counterclaims and
defences.
27. Section 42(1) provides that, unless otherwise agreed by the parties, a party may apply to
the arbitral tribunal for the summary disposal of a claim, counterclaim or defence on the basis of two available limbs:
a. (the jurisdiction limb) - being, the claim, counterclaim or defence is manifestly outside the jurisdiction of the tribunal; or b. (the merits limb) - being, any other party has no real prospect of success on the claim, counterclaim or defence.
28. The inclusion of similar provisions in some institutional rules has generally been welcomed
by the arbitration community in the hope that it will embolden arbitral tribunals to summarily dispose of claims in appropriate cases. However, it is noted that there may be potential for overlap between the jurisdiction limb in section 42(1) and the objection to jurisdiction

provisions contained Chapter 4 of the Regulations (‘Jurisdiction of arbitral tribunal’), and there is perhaps a threshold question as to whether the jurisdiction limb in section 42(1) should be retained. ISSUES FOR CONSIDERATION Q3: SHOULD THE JURISDICTION LIMB IN SECTION 42(1) BE RETAINED?
29. Section 42(2) provides the tribunal with a gatekeeper role (expressed as a “full discretion”)
as to whether an application made under s38(a)(1) should proceed.
Section 43 – Hearings and written proceedings
30. Section 43 has been amended to expressly provide for the use of technology in relation to
hearings and written proceedings. Subject to any contrary agreement of the parties, it permits hearings to be conducted by way of video conference, telephone or other communications and for statements, documents, evidence or other information to be supplied or communicated electronically.
Section 44 – Party and Party Representative conduct
31. Section 44 is a new section that is based on Module 6 of the Guidelines.
32. Section 44(1) regulates party representative conduct in that the representative shall:
a. not engage in activities intended to obstruct or delay the arbitral proceedings, jeopardise the integrity of the proceedings or the finality of any award; b. not knowingly or recklessly make a false statement to the arbitral tribunal;
c. preserve and not knowingly conceal or destroy documents that are likely to be
relevant to the issues in dispute in the arbitration or which the arbitral tribunal has ordered to be produced; and d. advise the party for whom he or she acts to preserve and not to conceal or destroy such documents.
33. Section 44(2) sets out the potential sanctions for a breach of subsection (1) along with the
process for making an adverse finding. Section 44(3) requires any decision to be communicated to the parties in writing. Section 44(4) provides that, in all cases, the tribunal is entitled to consider the conduct of the parties and the party representatives when making any decision allocating the costs of the arbitration between the parties. ISSUES FOR CONSIDERATION Q4: DO YOU AGREE WITH THE APPROACH TAKEN IN SECTION 44?

Section 48 – Court assistance in taking evidence
34. The amendments to section 48(1) set out a non-exhaustive list of areas where the Court,
or any competent court, may assist in taking evidence. This is subject to the relevant court’s competence and rules on taking evidence under section 48(2). Section 48(3) confirms that the provisions of sections 30(2), (3) and (7) also apply to section 48.
Chapter 7 – Making of award and termination of proceedings
Section 55 – Form and contents of award
35. Section 55(3) has been amended to clarify that the award shall be deemed to have been
made at the seat of arbitration regardless of the method whereby it is signed, whether it is singed by the tribunal members in person, signed by each member separately or is signed by electronic means.
36. Section 55(4) is a new provision which confirms that an award signed by electronic means
shall have the same legal validity and enforceability as an award that has been signed manually.
37. Section 55(6) has been amended to provide that the overriding principle of reasonableness
and proportionality applies when the tribunal is assessing costs. In addition, the costs of party-appointed experts and technology solutions have been expressly included in the definition of “costs” to remove any doubt about these items.
Section 57 – Correction and interpretation of award; additional award
38. Section 57(1) is a new provision that provides that the parties are free to agree on the
powers of the arbitral tribunal to correct, interpret or make and additional award. Section 57(2) confirms that absent such agreement the provisions set out in the remainder of
section 57 shall apply.
PART 4: THE RECOGNITION AND ENFORCEMENT OF AWARDS
Section 61 – Recognition and enforcement of awards
39. Section 61(2) has been amended such that it is sufficient for a party to provide a copy of
the arbitration agreement (as opposed to the original or a duly certified copy of the agreement) when seeking recognition or enforcement of an award. This is to accommodate the situation where a party is unable to locate the original document containing the arbitration agreement.
40. Section 61(5) has been amended to make that subsection subject to Article 13 of the
ADGM Founding Law so as to provide consistency in relation to the approach mandated in ADGM in relation to conduit jurisdiction.
Schedule 1 – Interpretation
41. Section 3 of Schedule 1 has been amended to include definitions for:

a. arbitral tribunal; b. ADGM Founding Law;
c. Party Representative; and
d. third party funding agreement.
Schedule 2 – Mandatory provisions of the regulations
42. Schedule 2 is a new schedule which lists the mandatory provisions of the Regulations and
is to be read by reference to new section 9.

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Arbitration Regulations 2015

Table of Contents
Section Page
Part 1 : General ......................................................................................................................................1
1. Title ............................................................................................................................................1
2. Legislative authority ...................................................................................................................1
3. Application of the Regulations ...................................................................................................1
4. Date of enactment .....................................................................................................................1
5. Date of commencement.............................................................................................................1
6. Language...................................................................................................................................1
7. Interpretation..............................................................................................................................1
Part 2 : Scope of Application ..................................................................................................................2
8. Scope of application of Regulations ..........................................................................................2
Part 3 : Arbitration...................................................................................................................................2
Chapter 1 – General Provisions..............................................................................................................2
9. Mandatory and non-mandatory provisions ................................................................................2
10. Receipt of written communications ............................................................................................2
11. Waiver and loss of right to object...............................................................................................3
12. Extent of court intervention ........................................................................................................3
13. Authority of the Court to perform functions of arbitration assistance and supervision...............3
Chapter 2 – Arbitration Agreement .........................................................................................................3
14. Arbitration agreement ................................................................................................................3
15. Separability of arbitration agreement.........................................................................................4
16. Stay of legal proceedings ..........................................................................................................4
17. Death of a party .........................................................................................................................5
Chapter 3 – Composition of arbitral tribunal ...........................................................................................5
18. Number of arbitrators.................................................................................................................5
19. Appointment of arbitrators .........................................................................................................5
20. Grounds for challenge ...............................................................................................................6
21. Challenge procedure .................................................................................................................6
22. Failure or impossibility to act......................................................................................................7
23. Appointment of substitute arbitrator...........................................................................................7
24. Liability of arbitral tribunal and others ........................................................................................7
Chapter 4 – Jurisdiction of arbitral tribunal .............................................................................................8
25. Competence of arbitral tribunal to rule on its jurisdiction ...........................................................8
26. Objection to substantive jurisdiction of tribunal..........................................................................8
27. Determination of preliminary point of jurisdiction .......................................................................8
Chapter 5 – Interim measures ................................................................................................................9
28. Power of arbitral tribunal to order interim measures..................................................................9
29. Power of arbitral tribunal to order security for costs ................................................................10
30. Recognition and enforcement of interim measures by the Court.............................................10
31. Power of the Court to order interim measures .........................................................................10
32. Privacy of arbitration related court proceedings ......................................................................11
Chapter 6 – Conduct of arbitral proceedings ........................................................................................12
33. Fair treatment of parties...........................................................................................................12
34. Determination of rules of procedure ........................................................................................12
35. Seat of arbitration ....................................................................................................................13
36. Commencement of arbitral proceedings..................................................................................13
37. Disclosure of a third-party funding agreement.........................................................................13
38. Consolidation orders................................................................................................................14
39. Joinder of Additional Parties ....................................................................................................14
40. Language.................................................................................................................................14
41. Statements of claim and defence ............................................................................................14
42. Summary disposal of claims, counterclaims and defences .....................................................15
43. Hearings and written proceedings ...........................................................................................15
44. Party and Party Representative conduct .................................................................................15
45. Confidentiality of arbitral proceedings and awards ..................................................................16

46. Default of a party .....................................................................................................................17
47. Expert appointed by the arbitral tribunal ..................................................................................18
48. Court assistance in taking evidence ........................................................................................18
Chapter 7 – Making of award and termination of proceedings .............................................................19
49. Rules applicable to substance of dispute ................................................................................19
50. Decision making by panel of arbitrators...................................................................................19
51. Remedies.................................................................................................................................19
52. Interest.....................................................................................................................................19
53. Settlement................................................................................................................................20
54. Awards on different aspects of matters ...................................................................................20
55. Form and contents of award ....................................................................................................20
56. Termination of proceedings .....................................................................................................22
57. Correction and interpretation of award; additional award ........................................................22
Chapter 8 – Recourse against award ...................................................................................................23
58. Application for setting aside as exclusive recourse against arbitral award..............................23
59. Waiver of the right to bring an action for setting aside.............................................................24
Part 4 : The Recognition and Enforcement of Awards..........................................................................24
60. Application of this Part .............................................................................................................24
61. Recognition and enforcement of awards .................................................................................25
62. Grounds for refusing recognition or enforcement ....................................................................26
Schedules
1. Interpretation............................................................................................................................28
2. Mandatory provisions of the regulations ..................................................................................31

ARBITRATION REGULATIONS 2015
Regulations to make provision for the conduct of arbitral proceedings, and the recognition and enforcement of arbitral awards, within the Abu Dhabi Global Market, and for connected purposes. Date of Enactment: 17 December 2015 The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of Law No. 4 of 2013 concerning the Abu Dhabi Global Market issued by His Highness the Ruler of the Emirate of Abu Dhabi, hereby enacts the following Regulations:
PART 1: GENERAL

1. Title
   These Regulations may be cited as the “Arbitration Regulations 2015”.
2. Legislative authority
   These Regulations are made by the Board.
3. Application of the Regulations
   (1) These Regulations apply in the whole of the Abu Dhabi Global Market. (2) The provisions of the UAE Civil Procedure Code (Federal Law No. 11.(6) of 1992),2018 on Arbitration, or any other Federal Law in respect of arbitration, shall not apply in respect of arbitrations or arbitral awards that are subject to these Regulations.
4. Date of enactment
   These Regulations are enacted on the date specified by the Board in the resolution approving the adoption of these Regulations.
5. Date of commencement
   These Regulations come into force on the date of their publication. The Board may by rules make any transitional, transitory, consequential, saving, incidental or supplementary provision in relation to the commencement of these Regulations as the Board thinks fit.
6. Language
   The English text of these Regulations shall be the official original text. Any translation thereof into another language shall not be authoritative and in the event of any discrepancy between the English text of these Regulations and any other version, the English text shall prevail.
7. Interpretation
   Schedule 1 contains:
   (a) interpretative provisions which apply to these Regulations; and

(b) a list of defined terms used in these Regulations.
PART 2: SCOPE OF APPLICATION
8. Scope of application of Regulations
Unless stated otherwise, Part 3 of these Regulations shall apply to arbitrations where the seat of the arbitration is the Abu Dhabi Global Market, or where an arbitration agreement applies these Regulations. Part 4Part 4 of these Regulations shall apply to the recognition and enforcement of arbitral awards in the Abu Dhabi Global Market, irrespective of the state or jurisdiction in which they are made.
PART 3: ARBITRATION
Chapter 1 – General Provisions
9. Mandatory and non-mandatory provisions
(1) The mandatory provisions of this Part 3 and Part 4 are listed in Schedule 2 and have effect notwithstanding any agreement to the contrary. (2) The other provisions of this Part 3 (the “non-mandatory” provisions) allow the parties to make their own arrangements by agreement but shall apply in the absence of such agreement. For the avoidance of doubt, Part 4 does not contain any non-mandatory provisions. (3) The parties may make such arrangements by agreeing to the application of arbitration rules, including those of any institution, or providing any other means by which a matter may be decided. (4) The choice of law other than the law of the Abu Dhabi Global Market as the applicable law in respect of a matter provided for by a non-mandatory provision of this
Part 3 is equivalent to an agreement making provision about that matter. For this
purpose, an applicable law determined in accordance with the parties’ agreement, or which is objectively determined in the absence of any express or implied choice, shall be treated as chosen by the parties.
9.10. Receipt of written communications
Unless otherwise agreed by the parties to a dispute:
(a) any written communication, notification, or proposal is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, mailing or electronic address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence, mailing or electronic address by any means which provides a record of the attempt to deliver it;

(b) the communication is deemed to have been received on the day it is so delivered; and (c) time periods specified in these Regulations, or to be agreed by the parties or determined by the arbitral tribunal in accordance with these Regulations, shall start to run on the day following the day when a notice or communication is received. If the last day of any such period is an official holiday or a non-business day at the place where the notice or communication is received, the period shall be extended until the first business day which follows. Official holidays and non-business days occurring during the running of the period of time shall otherwise be included for the purposes of calculating the period.
10.11. Waiver and loss of right to object
(1) A party which, knowingly and without a legitimate reason, fails to object to an irregularity before the arbitral tribunal in a timely manner, or if a time limit is provided in any applicable arbitration rules, within such period of time, shall be deemed to have waived its right to object to such irregularity. (2) An objection to an irregularity under subsection (1)(1) shall include any objection (a) that the tribunal lacks substantive jurisdiction,; (b) that the proceedings have been improperly conducted,; (c) that there has been a failure to comply with the arbitration agreement or with any provision of this Part,Part 3; or (d) that there has been any other irregularity affecting the tribunal or the proceedings. (3) Where the arbitral tribunal rules that it has substantive jurisdiction and a party to arbitral proceedings who could have questioned that ruling by challenging the award (or pursuant to any other process that may be agreed by the parties), does not do so, or does not do so within the time allowed by the arbitration agreement or any provision of this Part,Part 3, he may not object later to the tribunal’s substantive jurisdiction on any ground which was the subject of that ruling.
11.12. Extent of court intervention
In matters governed by these Regulations, no court shall intervene except to the extent so provided in these Regulations.
12.13. Authority of the Court to perform functions of arbitration assistance and supervision
The functions referred to in sections 15, 28, 30, 43, 53, 56 and 5716, 27, 30, 31, 32, 48, 58, 61 and 62 of these Regulations shall be performed by the Court, while the functions referred to in sections 19(3), 19(4), 19(5), 19(6), 21(2), 22(1), 23(2), 26, 34(3), 36(1) and 51(5), 39(2) and 56(5) shall be performed by the Court subject to any process agreed between the parties in the arbitration agreement. or by a subsequent written agreement.
Chapter 1Chapter 2 – Arbitration Agreement
13.14. Arbitration agreement
(1) An arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may

be in the form of an arbitration clause in a contract or in the form of a separate agreement. (2) An arbitration agreement shall be in writing. It can result from an exchange of written communications or be contained in a document to which reference is made in the main agreement It shall be regarded as being in writing if its content is recorded in any written form by one or more of the parties to it or by a third party with the authority of the parties to the agreement. An agreement which has not been signed (whether in hardcopy or electronically) may be made binding orally or by conduct. (3) For the purposes of subsection (2), the requirement that an arbitration agreement be in writing is met by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference; an electronic communication is any communication that the parties make by means of data messages; a data message is information generated, sent, received or stored by electronic, digital, magnetic, wireless, optical, electromagnetic or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy. (4) Furthermore, an arbitration agreement is in writing if it is contained in an exchange of statements of claim and defence in which the existence of an arbitration agreement is alleged by one party and not denied by the other. (5) The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract. (6) An arbitration agreement giving any party a unilateral right to refer a dispute either to an arbitral tribunal or a court does not contravene these Regulations and shall not be rendered invalid by reason of providing for any asymmetrical right to refer a dispute to arbitration or a court.
14.15. Separability of arbitration agreement
Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and the arbitration agreement shall for that purpose be treated as a distinct agreement.
15.16. Stay of legal proceedings
(1) A party to an arbitration agreement against whom legal proceedings in the Court are brought (whether by way of claim or counterclaim) in respect of a matter which is the subject of the arbitration agreement may (upon notice to the other parties to the proceedings) apply to the Court to stay the proceedings so far as they concern that matter. (2) On an application being made under subsection (1)(1), the Court shall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed. (3) An application may:

(a) be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures. ; and (b) not be made by a person before taking the appropriate procedural step (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim. (4) Where an application referred to in subsection (1)(1) has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the Court. (5) If the Court refuses to stay the legal proceedings, any provision that the award is a condition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings. (6) This section 16 shall also apply where the arbitration is seated outside of the Abu Dhabi Global Market, and where no seat has been designated or determined.
16.17. Death of a party
(1) Unless otherwise agreed by the parties, an arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party. (2) Subsection (1) does not affect the operation of any enactment or rule of law by virtue of which a substantive right or obligation is extinguished by death.
Chapter 2Chapter 3 – Composition of arbitral tribunal
17.18. Number of arbitrators
(1) The parties are free to determine the number of arbitrators provided that it is an odd number. (2) If there is no such determination, the number of arbitrators shall be one. (1).
18.19. Appointment of arbitrators
(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. (2) The parties are free to agree on a procedure for appointing the arbitrator or arbitrators. (3) If, and to the extent that, there is no such agreement:
(a) in an arbitration with a sole arbitrator, if the parties do not agree on the arbitrator within 30 days of one party requesting the other to do so, he shall be appointed by the arbitral institution administering the arbitration, or, where there is no such institution, the Court, on the request of either party; or

(b) in an arbitration with three (3) arbitrators, each party shall appoint one (1) arbitrator, and the two (2) arbitrators thus appointed shall appoint the third arbitrator, who shall be the presiding arbitrator (or chairman). If a party fails to appoint an arbitrator within 30 days of receipt of a request to do so from the other party, or if the two (2) arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon request of a party, by the arbitral institution administering the arbitration, or, where there is no such institution, the Court. (4) Where there are multiple claimants and/or multiple respondents, and where the dispute is to be referred to three (3) arbitrators, the multiple claimants, jointly, and the multiple respondents, jointly, shall each appoint one (1) arbitrator in accordance with the appointment procedure agreed upon by the parties or, where there is no such agreement, in accordance with subsection (3)(b) and the. The presiding arbitrator shall also be appointed in accordance with subsection (3)(b). (5) In the absence of a joint nomination pursuant to subsection (4), and where all parties are unable to agree to a method for the constitution of the arbitral tribunal, the arbitral institution administering the arbitration, or where there is no such institution, the Court, may appoint each member of the arbitral tribunal and shall designate one of them to act as president. (6) A decision on a matter entrusted by subsection (3), (4) or (5) to any arbitral institution administering the arbitration, or, where there is no such institution, the Court, shall not be subject to appeal. The arbitral institution administering the arbitration or, where there is no such institution, the Court, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall also take into account the advisability of appointing an arbitrator of a nationality other than that of any party.
19.20. Grounds for challenge
(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties and any arbitral institution administering the arbitration. (2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.
20.21. Challenge procedure
(1) The parties are free to agree on a procedure for challenging an arbitrator. (2) In the absence of such agreement, a party who intends to challenge an arbitrator shall, within 30 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in section 20(2), send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the

challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral institution administering the arbitration, or, where there is no such institution, the Court shall decide on the challenge. While such a request to the arbitral institution administering the arbitration or, where there is no such institution, to the Court, is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
21.22. Failure or impossibility to act
(1) If an arbitrator becomes as a matter of fact or law unable to perform his functions or for other reasons fails to act without undue delay, his mandate shall terminate if he withdraws from his office or if the parties agree on the termination. In the absence of such agreement or if a controversy remains concerning any of these grounds, any party may request the arbitral institution administering the arbitration, or, where there is no such institution, the Court, to decide on the termination of the mandate, which decision shall not be subject to appeal. (2) If, under this section or section 21(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this section or section 20(2).
22.23. Appointment of substitute arbitrator
(1) Where the mandate of an arbitrator terminates under section 21 or section 22 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate:
(a) subject to any process agreed between the parties in the arbitration agreement, or thereafter, the parties may agree with the arbitrator as to his liabilities and entitlement (if any) to fees and expenses; and (b) a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced, unless otherwise agreed by the parties. (2) If, or to the extent that, there is no agreement in accordance with subsection (1)(a) as to the consequences of resignation, an arbitrator who resigns in the circumstances set out in subsection (1) may, upon written notice to the parties, request the arbitral institution administering the arbitration, or, where there is no such institution, the Court to make an order relieving him of any liability incurred by reason of his resignation, together with such order as the arbitral institution administering the arbitration, or, where there is no such institution, the Court thinks appropriate with respect to his entitlement (if any) to fees and expenses, which orders shall not be subject to appeal.
23.24. Liability of arbitral tribunal and others
No arbitrator, arbitral institution or appointing authority, or any employee, agent or officer of the foregoing shall be liable to any person for any act or omission in connection with an arbitration, unless they are shown to have caused damage by conscious and deliberate wrongdoing.

Chapter 3Chapter 4 – Jurisdiction of arbitral tribunal
24.25. Competence of arbitral tribunal to rule on its jurisdiction
(1) Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own substantive jurisdiction, that is, as to (a) whether there is a valid arbitration agreement, (b) whether the tribunal is properly constituted, and (c) what matters have been submitted to arbitration in accordance with the arbitration agreement. (2) Any such ruling may be challenged by any available arbitral process of appeal or review that the parties may have agreed, or in accordance with the provisions of this
Part.
25.26. Objection to substantive jurisdiction of tribunal
(1) An objection that the arbitral tribunal lacks substantive jurisdiction at the outset of proceedings must be raised by a party not later than the time he takes the first step in the proceedings to contest the merits of any matter in relation to which he challenges the tribunal's jurisdiction. A party is not precluded from raising such an objection by the fact that he has appointed or participated in the appointment of an arbitrator. (2) Any objection during the course of the arbitral proceedings that the arbitral tribunal is exceeding its substantive jurisdiction must be made as soon as possible after the matter alleged to be beyond its jurisdiction is raised. The arbitral tribunal may admit a later objection in either case specified in subsections (1)(1) or (2)(2) if it considers the delay justified. (3) The arbitral tribunal may rule on an objection referred to in subsections (1) or (2)(1) or (2) either as a preliminary question or in an award on the merits. If the parties agree which of these courses the tribunal should take, the tribunal shall proceed accordingly.
26.27. Determination of preliminary point of jurisdiction
(1) If the arbitral tribunal rules on an objection referred to in subsection 25(1)26(1) or 25(2) as a preliminary question, the Court may, on the application of a party to the arbitral proceedings (upon notice to the other parties), determine any question as to the substantive jurisdiction of the tribunal. A party may lose the right to object pursuant to section 11. (2) An application under this section shall not be considered unless (a) it is made with the agreement in writing of all the other parties to the proceedings, or (b) it is made with the permission of the tribunal and the court is satisfied (i) that: (i) the determination of the question is likely to produce substantial savings in costs, (ii) that the application was made without delay, and (iii) that there is good reason why the matter should be decided by the Court. (3) An application under this section, unless made with the agreement of all the other parties to the proceedings, shall state the grounds on which it is said that the matter should be decided by the Court. (4) Subject to any agreement by the parties, while such a request is pending, the arbitral tribunal may stay the arbitral proceedings or continue the arbitral proceedings and make an award.

(5) The decision of the Court on the question of jurisdiction shall be treated as a judgment of the Court. The decision of the Court shall not be subject to appeal.
Chapter 4Chapter 5 – Interim measures
27.28. Power of arbitral tribunal to order interim measures
(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures provided that any such request by a party is made upon notice to the other parties in the proceedings. (2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to:
(a) maintain or restore the status quo pending determination of the dispute; (b) take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to any party or to the arbitral process itself; (c) provide a means of preserving assets out of which a subsequent award may be satisfied; or (d) preserve evidence that may be relevant and material to the resolution of the dispute. (3) The party requesting an interim measure under subsection (1)(1) shall satisfy the arbitral tribunal that:
(a) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm outweighs the harm, if any, that is likely to result to the party against whom the measure is directed if the measure is ordered; and (b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination. (4) With regard to a request for an interim measure under section 26(2)(d),27(2)(d), the requirements in paragraphs (3)(a)(3)(a) and (b)(b) of this section shall apply only to the extent the arbitral tribunal considers appropriate. (5) The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal’s own initiative. (6) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.

(7) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the interim measure was requested or granted. (8) The party requesting an interim measure shall be liable for any costs and damages caused by the measure to any party if the arbitral tribunal later determines that, in the circumstances, the measure should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.
29. Power of arbitral tribunal to order security for costs
Unless otherwise agreed by the parties, the tribunal has the power to order a claimant to provide security for the costs of the arbitration. This power shall not be exercised on the ground that the claimant is (a) an individual ordinarily resident outside the Abu Dhabi Global Market, or (b) a corporation or association incorporated or formed other than in the Abu Dhabi Global Market, or whose central management and control is exercised outside the Abu Dhabi Global Market.
28.30. Recognition and enforcement of interim measures by the Court
(1) AnSubject to subsection (4), an interim measure issued by an arbitral tribunal shall be recognised as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the Court or any competent court (in either case, the “recognising court”), irrespective of the country in which it was issued, subject to subsection (4) provided such application is made on notice to all parties to the proceedings. (2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the recognising court of any termination, suspension or modification of that interim measure. (3) The recognising court may, if it considers it appropriate, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties. (4) Recognition or enforcement of an interim measure may be refused on the grounds set forth in section 62. (5) Any determination made by the recognising court under subsection (4)(4) shall be effective only for the purposes of the application to recognise and enforce the interim measure. The recognising court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.
29.31. Power of the Court to order interim measures
(1) The existence of an arbitration agreement shall not preclude a party from applying to the Court, before or during arbitral proceedings, for interim measures relatingincluding in relation to the taking of evidence under section 48 or provisional or conservatory measures under this section. (2) The Court shall have the same power of issuing any interim measure in relation to arbitration proceedings as it has in relation to proceedings in the Court.

(3) The powers conferred by this section apply even if:
(a) the seat of the arbitration is outside the Abu Dhabi Global Market or no seat has been designated or determined; or (b) the interim measure is sought against a non-party to the arbitration agreement. (4) If the case is one of urgency, the Court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets. (5) If the case is not one of urgency, the Court shall act only on the application of a party to the arbitral proceedings upon notice to the other parties and to the arbitral tribunal. (2)(6) In any case, the Court shall act only if, or to the extent that, the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively. (0) It is not incompatible with an arbitration agreement for a party to seek such relief under subsection (1).
31.32. Privacy of arbitration related court proceedings
(1) Subject to subsection (4),(4), all arbitration-related proceedings in the Court are to be heard in closed court. (2) Where such arbitration-related proceedings are held in closed court, the Court must, on the application of any party, make a direction as to what information, if any, relating to the proceedings may be published. (3) The Court must not make a direction permitting information disclosed during arbitration-related proceedings held in closed court to be published, unless:
(a) all parties agree that the information may be published; or (b) the Court is satisfied that the information, if published, would not reveal any matter (including the identity of any party) that any party reasonably wishes to remain confidential. (4) The Court may order arbitration-related court proceedings to be heard in open court if:
(a) all parties agree that the proceedings may be heard in open court; or (b) in any particular case, the Court is satisfied that those proceedings ought to be heard in open court. (5) An order of the Court under this section is not subject to appeal. (6) It is not inconsistent with this section for the Court, on its own initiative, to publish a judgment in anonymised form.

Chapter 5Chapter 6 – Conduct of arbitral proceedings
32.33. EqualFair treatment of parties
The parties shall be treated with equalityfairly and each party shall be given a reasonable opportunity to present its case.
33.34. Determination of rules of procedure
(1) The parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (2) The parties are free to agree to adopt, in whole or part, the ADGM Arbitration Centre Arbitration Guidelines, regardless of the seat or the applicable rules of procedure. (2)(3) In the absence of suchan agreement on the procedure to be followed, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence. Unless otherwise agreed by the parties, the tribunal has the power to order a claimant to provide security for the costs of the arbitration. This power shall not be exercised on the ground that the claimant is (a) an individual ordinarily resident outside the Abu Dhabi Global Market, or (b) a corporation or association incorporated or formed other than in the Abu Dhabi Global Market, or whose central management and control is exercised outside the Abu Dhabi Global Market. (3)(4) In all cases, the arbitral tribunal must adopt procedures which are suitable to the circumstances of the particular case and which, avoid unnecessary delay and expense, and facilitate fair, efficient and expeditious conduct of the arbitration. (5) In exercising its discretion under subsection (4), the arbitral tribunal shall consider the use of technology in order to enhance the efficient and expeditious conduct of the arbitration including, in appropriate cases, in relation to the following:
(a) the submission, exchange or communication of documents by electronic means; (b) the use of electronic signatures for documents submitted, exchanged or communicated; (c) documents being provided in electronic searchable form; (d) the use of an electronic document review system for disclosure or document production; (e) the use of an electronic document management system for merits hearings; (f) the use of an online case management platform; (g) conducting hearings, in whole or in part, by video conference, telephone or other communication technology; and

(h) any other technology to be employed to enhance the efficient and expeditious conduct of the arbitration.
34.35. Seat of arbitration
(1) The parties are free to agree on the seat of arbitration.
(2) If the parties have agreed that the seat of arbitration shall be the Abu Dhabi Global Market, no other connection with the Abu Dhabi Global Market is required for these Regulations to apply. (1)(3) Failing suchthe parties’ agreement on the seat of arbitration, the seat of arbitration shall be determined by (a) any arbitral or other institution or person vested by the parties with powers in that regard, or (b) the arbitral tribunal, having regard to the circumstances of the case, including the convenience of the parties. (2)(4) Notwithstanding the provisions of subsection (1),subsections (1) and (3), the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents. (5) For the purpose of subsection (4), a meeting may take place, in whole or in part, in person or by video conference, telephone or other communications technology (or any combination thereof) in one or more geographical places.
35.36. Commencement of arbitral proceedings
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
37. Disclosure of a third-party funding agreement
(1) A party shall notify every other party to the arbitral proceedings and any members of the arbitral tribunal (nominated or appointed) of the existence of any third-party funding agreement and the identity of the third-party funder in accordance with subsection (2). (2) Written notice under subsection (1) must be given:
(a) where the third party funding agreement was entered into before or upon the commencement of the proceedings, immediately upon their commencement; or (b) where the third-party funding agreement was entered into after the commencement of proceedings, within seven (7) days of the date of the third￾party funding agreement. If the notification was made prior to the constitution of the arbitral tribunal, the notice under subsection (1) must be given to any further arbitral tribunal members immediately following their nomination or appointment. (3) Unless otherwise agreed by the parties, the arbitral tribunal may, after consulting with the parties, order the disclosure of other details of the third-party funding agreement.

36.38. Consolidation orders
(1) The parties are free to agree (a) thaton the procedure for:
(a) arbitral proceedings shallto be consolidated with other arbitral proceedings,; or (b) that (a)(b) concurrent hearings shallto be held, on such terms as may be agreed. (2) Unless the parties agree to confer such power on the tribunal, the tribunal has no power to order consolidation of proceedings or concurrent hearings. (3) Any consolidation order made under subsection (1)(1) shall be without prejudice to the date on which any claim or defence was raised for the purpose of applying any limitation periods or similar rule or provision of law.
37.39. Joinder of Additional Parties
(1) TheThe parties are free to agree on the procedure for joining an additional party to an arbitration, provided always that the party to be joined is party to the arbitration agreement or has consented to joinder. (2) Absent such agreement, and before the confirmation or appointment of any arbitrator, the arbitral institution administering the arbitration, or, where there is no such institution, the Court, may, upon the request of a party to the arbitral proceedings and if it considers that it is in the interests of justice to do so, allow one or more third parties to be joined to the arbitration, provided such person :
(a) is a party to the arbitration agreement; or (b) has consented to joinder in writing, unless the arbitral institution administering the arbitration, or, where there is no such institution, the Court finds, after giving all parties, including the party or parties to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those parties. (1)(3) No additional party may be joined after the confirmation or appointment of any arbitrator, unless all parties, including the additional party, otherwise agree.
38.40. Language
(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. In the absence of such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. (2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
39.41. Statements of claim and defence
The parties are free to agree whether any, and if so what form, of the written statements of claim and defence are to be used, when these should be supplied and the extent to which

such statements can be later amended. In the absence of such agreement, this shall be determined by the arbitral tribunal. having regard to the matters set out in section 34(5).
42. Summary disposal of claims, counterclaims and defences
(1) Unless otherwise agreed by the parties, a party may apply to the arbitral tribunal in writing at any time for the summary disposal of part or the whole of a claim, counterclaim or defence, on the basis that:
(a) it is manifestly outside the jurisdiction of the tribunal; or (b) any other party has no real prospect of success in respect of the relevant part or whole of the claim, counterclaim or defence. (2) The arbitral tribunal shall, in its full discretion, decide whether to allow the application to proceed. If the application is allowed to proceed, the arbitral tribunal shall, after giving the parties an opportunity to make representations, decide the application. (3) The arbitral tribunal shall issue any summary determination that is made pursuant to this section in the form of an award.
40.43. Hearings and written proceedings
(1) Subject to any contrary agreement by the parties, the following provisions shall apply to hearings and written proceedings. (2) The arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument,; whether the hearing is to be conducted, in whole or in
part, in person, by video conference, telephone or other communication technology;
or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless (1)(3) Unless the parties have agreed that no hearing shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party(whether in person, or by video conference or telephone or other communication technology) at an appropriate stage of the proceedings, after consulting the parties. If a hearing is held in person, a party shall be free to apply to the arbitral tribunal for one or more of its fact or expert witnesses to attend the hearing by video conference or telephone or other communication technology. (2)(4) The parties shall be given sufficient advance notice as the arbitral tribunal shall decide of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property or documents. (3)(5) All statements, documents, evidence or other information supplied to the arbitral tribunal by one party shall be communicated to the other party at the same time as it is supplied to the arbitral tribunal. Evidence includes any factual witness or expert evidence upon which a party relies. (6) For the purpose of subsection (5), any statement, document, evidence or other information may be supplied or communicated electronically.
44. Party and Party Representative conduct

(1) A Party Representative shall:
(a) not engage in activities intended to obstruct or delay the arbitral proceedings, jeopardise the integrity of proceedings or the finality of any award; (b) not knowingly or recklessly make a false statement to the arbitral tribunal; (c) preserve and not knowingly conceal or destroy documents that are likely, or advise a party to conceal or destroy, documents that are likely to be relevant to the issues in dispute in the arbitration or which the arbitral tribunal has ordered to be produced; and (d) make sure that the party for whom he acts understands at all times that he must preserve and not conceal or destroy such documents. (2) If the arbitral tribunal (whether following a complaint by one party against another Party Representative or on its own initiative) and after giving the relevant Party Representative an opportunity to make representations, finds that a Party Representative contravened subsection (1), the arbitral tribunal may take one or more of the following sanctions:
(a) a written reprimand or caution to the Party Representative; (b) draw adverse inferences when assessing the evidence relied upon, or legal submissions made by, the Party Representative; (c) make an order or award on costs in relation to the conduct of the Party Representative against the party instructing the Party Representative; and (d) grant any other appropriate measure the arbitral tribunal considers necessary to preserve the fairness and integrity of the proceedings. (3) The arbitral tribunal’s decision under subsection (2) must be in writing, with reasons, and must be communicated to all parties to the arbitration. (4) The arbitral tribunal is in all cases entitled to consider the conduct of the parties and the Party Representatives when making any decision allocating the costs of the arbitration between the parties. (0) Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. The arbitral tribunal’s power to appoint experts is addressed in section 42 below.
42.45. Confidentiality of arbitral proceedings and awards
(1) Unless otherwise agreed by the parties, no party may publish, disclose or communicate any Confidential Information to any third party. (2) Nothing in subsection (1)(1) prevents the publication, disclosure or communication of Confidential Information by a party:
(a) if the publication, disclosure or communication is made:
(i) to protect or pursue a legal right or interest of the party; or

(ii) to enforce or challenge the award referred to in that subsection, in legal proceedings before a court or other judicial authority in or outside the Abu Dhabi Global Market; or (b) if the publication, disclosure or communication is made to any government body, regulatory body, court or tribunal and the party is obliged by law to make the publication, disclosure or communication; (c) if the publication, disclosure or communication is required in order for a party to be in compliance with its financial reporting obligations or the rules of any listing authority or securities exchange; (d) if the publication, disclosure or communication is made to a professional or any other adviser of any of the parties; (e) if the publication, disclosure or communication is made to potential lenders or investors in connection with financing arrangements; or (f) if the arbitral tribunal determines that it is otherwise in the interests of justice that the publication, disclosure or communication of information be permitted. (3) Subject to any contrary agreement by the parties, nothing in subsection (1)(1) prevents a party from disclosing or communicating Confidential Information to a third party who has a substantial legal or pecuniary interest in the outcome of the arbitral proceedings.
43.46. Default of a party
Unless otherwise agreed by the parties, if:
(a) the arbitral tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant or counterclaimant in pursuing his claim, and that the delay:
(i) gives rise or is likely to give rise to a substantial risk that it is not possible to have a fair resolution of the issues in that claim, or (ii) has caused, or is likely to cause, serious prejudice to the respondent, the arbitral tribunal may dismiss the claim. The arbitral tribunal may also terminate the proceedings, unless the arbitral tribunal if it considers it appropriate to continue the proceedings in order to determine any counterclaim raised by the respondentdo so; (b) without showing sufficient cause a party:
(i) fails to attend or be represented at an oral hearing of which due notice was given, or (ii) where matters are to be dealt with in writing, fails after due notice to submit written evidence or make written submissions, the arbitral tribunal may continue the proceedings in the absence of that party or, as the case may be, without any written evidence or submissions on his behalf, and may make an award

on the basis of the evidence before it. If the arbitral tribunal terminates the proceedings under sub-paragraph (a)(a) above, unless otherwise agreed by the parties, the arbitral tribunal may issue an award on costs in accordance with section 55 below.
44.47. Expert appointed by the arbitral tribunal
(1) Unless otherwise agreed by the parties, the arbitral tribunal after consultation with the parties:
(a) may appoint one (1) or more experts to report to it on specific issues to be determined by the arbitral tribunal; and (b) may require a party to give the expert(s) any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. (2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert(s) shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him on the points at issue. (3) The expenses and costs of the expert(s) appointed by the arbitral tribunal pursuant to this section shall be borne by the parties in accordance with any determination or award made by the arbitral tribunal in that respect. (4) Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties. (5) For the purpose of this section, and subject to any contrary agreement by the parties, any report, document, information or evidence to be delivered or communicated to the arbitral tribunal, an expert, a party or parties may be delivered or communicated electronically.
45.48. Court assistance in taking evidence
(1) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the Court, or any competent court, assistance in taking evidence. The Court, or any competent court, may execute the request within its competence and according to its rules on taking evidence., which shall include assistance with:
(a) the examination of witnesses, either orally or in writing; (b) the production of documents; (c) the inspection, photographing, recording, preservation, custody or detention of any property; and (d) the taking of samples of any property and the carrying out of any experiment on or with any property. (2) The Court, or any competent court, may execute the request under subsection (1) within its competence and according to its rules on taking evidence.

(3) Sections 31(2), (3) and (6) apply to this section mutatis mutandis.
Chapter 6Chapter 7 – Making of award and termination of proceedings
46.49. Rules applicable to substance of dispute
(1) The arbitral tribunal shall decide the dispute in accordance with the rules of law chosen by the parties. Any designation of the law or legal system of a given State or jurisdiction shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State or jurisdiction and not to its conflict of laws rules. (2) In the absence of any designation by the parties, the arbitral tribunal shall decide the dispute in accordance with the rules of law it considers appropriate. (3) In either case, the arbitral tribunal shall take trade usages into account.
47.50. Decision making by panel of arbitrators
In arbitral proceedings with more than one (1) arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. If there is no majority, the award shall be made by the president of the arbitral tribunal alone. However, questions of procedure may be decided by a presiding arbitrator, if so authorised by the parties or all members of the arbitral tribunal.
48.51. Remedies
(1) The parties are free to agree on the powers exercisable by the arbitral tribunal as regards to remedies. (2) Subject to any contrary agreement by the parties, the tribunal shall have the power to grant any remedy permitted under the substantive law governing the claim for which the remedy is sought. (3) Unless otherwise agreed by the parties, and subject to any contrary provision of any applicable law referred to in subsection (2),(2), the tribunal’s powers to award remedies shall include (but shall not be limited to) the following:
(a) The tribunal may make a declaration as to any matter to be determined in the proceedings; (b) The tribunal may order the payment of a sum of money, in any currency; and (c) The tribunal has the same powers as the court:
(i) To order a party to do or refrain from doing anything; (ii) To order specific performance of a contract (other than a contract relating to land); and (iii) To order the rectification, setting aside or cancellation of a deed or other document.
49.52. Interest

(1) The parties are free to agree on the powers of the tribunal as regards to the award of interest. (2) Subject to any contrary agreement by the parties, the tribunal’s powers as regards to the awarding of interest shall be in accordance with the substantive law governing the claim for which an award of interest is sought. (3) Unless otherwise agreed by the parties, and subject to any contrary provision of any applicable law referred to in subsection (2),(2), the tribunal’s powers to award interest shall include (but shall not be limited to) the following powers:
(a) The tribunal may award simple or compound interest from such dates, at such rates and with such rests as it considers meets the justice of the case – (i) on the whole or part of any amount awarded by the tribunal, in respect of any period up to the date of the award; or (ii) on the whole or part of any amount claimed in the arbitration and outstanding at the commencement of the arbitral proceedings but paid before the award was made, in respect of any period up to the date of payment. (b) The tribunal may award simple or compound interest from the date of the award (or any later date) until payment, at such rates and with such rests as it considers meets the justice of the case, on the outstanding amount of any award (including any award of interest under subsection (3)(3) and any award as to costs). (4) References in this section to an amount awarded by the tribunal include an amount payable in consequence of a declaratory award by the tribunal.
50.53. Settlement
(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and agreed to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. (2) An award on agreed terms shall be made in accordance with the provisions of section 55 and shall state that it is an agreed award. Such an award has the same status and effect as any award made on the merits of the case.
51.54. Awards on different aspects of matters
The arbitral tribunal may make more than one award at different times on different aspects of the matters to be determined.
52.55. Form and contents of award
(1) The award shall be made in writing.
(2) The award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under section 53.

(3) The award shall state its date and the seat of the arbitration as determined in accordance with section 32(1).34(1). The award shall be deemed to have been made at the seat of the arbitration, irrespective of where it is written or signed, and regardless of the method whereby it is signed, whether it is signed by the members of the arbitral tribunal in person, it is sent to be signed by each member separately, or it is signed by electronic means. (4) An award signed by electronic means shall have the same legal validity and enforceability and constitute the original award for the purposes of section 61(2)(a) of these Regulations, as an award with manually executed signatures of arbitral tribunal. (4)(5) After the award is made, aan electronic copy shall be delivered to each party. An original hard copy of the award shall be delivered on request of a party. (5)(6) The arbitral tribunal shall fix the costs of the arbitration in its award or as provided for in subsection (7) below. The term “costs” includes only(8) below. Unless the arbitral tribunal determines otherwise, the recoverable costs of the arbitration shall be determined on the basis that they are reasonable and proportionate. The term “costs” includes:
(a) the fees of the arbitral tribunal to be stated separately as to each arbitrator; (b) the properly incurred travel and other expenses incurred by the arbitrators; (c) the costs of expert advice and of other assistance reasonably required by the arbitral tribunal; (d) the travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal; (e) such other costs as are necessary for the conduct of the arbitration, including those for meeting rooms, technological solutions such as electronic document management and virtual hearing platforms, interpreters and transcription services; (f) the costs for legal representation and assistance of the successful party if such costs were claimed during the arbitration, and only to the extent that the arbitral tribunal determines that the amount of such costs, or a part of them, is reasonable; and; (g) the costs of any party-appointed experts if such costs were claimed during the arbitration; and (g)(h) any fees and expenses of any arbitral institution or appointing authority. (6)(7) In fixing the costs of the arbitration, the arbitral tribunal may direct to whom, by whom, and in what manner, the whole or any part of the costs shall be paid. (7)(8) If the arbitral tribunal does not fix the costs of the arbitration in its award, a party to the arbitral proceedings may, within 30 days of receiving the award, apply to the arbitral tribunal for a further award on costs. After hearing giving the parties an opportunity to make representations, the arbitral tribunal shall make a further award on costs.

(8)(9) Subject only to sections 58 and 62, all awards made by the arbitral tribunal shall be final and binding on the parties.
53.56. Termination of proceedings
(1) The arbitral proceedings are terminated by the arbitral tribunal’s award, or where more than one (1) award is made by the arbitral tribunal's final or last award, or by an order of the arbitral tribunal in accordance with subsection (2). (2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:
(a) the claimant withdraws his claim, unless the respondent objects thereto and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute; (b) the parties agree on the termination of the proceedings; or (c) at the request of a party, the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible. If the arbitral tribunal issues an order for termination under this subsection (2),(2) , unless otherwise agreed by the parties, the arbitral tribunal may issue an award on costs in accordance with section 55 above. (3) The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, subject to the provisions of subsection (5) and of sections 57 and 58. (4) The arbitral tribunal may refuse to deliver a final award or an order for termination of the arbitral proceedings in accordance with subsection (2) until its fees and expenses are paid in full. (5) Subject to any process agreed between the parties in the arbitration agreement, if the arbitral tribunal refuses to deliver an award or order until its fees and expenses are paid, any party to the arbitral proceedings may request the arbitral institution administering the arbitration, or, where there is no such institution, the Court to determine, by such means as it considers appropriate, the amount of the fees and expenses properly payable to the arbitral tribunal.
54.57. Correction and interpretation of award; additional award
(1) The parties are free to agree on the powers of the arbitral tribunal to correct, interpret an award or make an additional award. (2) If, or to the extent there is no such agreement, the following provisions shall apply. (1)(3) Within 30 days of receipt of the award, unless another period of time has been agreed upon by the parties:
(a) a party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors or any errors of a similar nature; or

(b) if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award. (2)(4) If the arbitral tribunal considers the request to be justified, it shall make the correction or give the interpretation within 30 days of receipt of the request. The correction or interpretation shall form part of the award. (3)(5) The arbitral tribunal may correct any error of the type referred to in subsection (1)(a)(3)(a) on its own initiative within 30 days of the date of the award. (4)(6) Unless otherwise agreed by the parties or in respect of an agreed award made under
section 53, a party, with notice to the other party, may request, within 30 days of
receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within 60 days. (5)(7) The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, interpretation or an additional award under subsection (1)(3) or (6).
Chapter 7Chapter 8 – Recourse against award
55.58. Application for setting aside as exclusive recourse against arbitral award
(1) Recourse to the Court against an arbitral award made in an arbitration which has its seat in the Abu Dhabi Global Market may be made only by an application for setting aside in accordance with subsection (2). Such an application may only be made to the Court. (2) An arbitral award may be set aside by the Court only if:
(a) the party making the application furnishes proof that:
(i) a party to the arbitration agreement was, under the law applicable to it, under some incapacity; (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the Abu Dhabi Global Market; (iii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; (iv) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of

the award which contains decisions on matters not submitted to arbitration may be set aside; or (v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or failing such agreement, was not in accordance with the law of the Abu Dhabi Global Market; or. ( ) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. (c)(b) the Court finds that:
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the laws of the Abu Dhabi Global Market; or (ii) the recognition or enforcement of the award would be contrary to the public policy of the UAE. (d)(c) An application for setting aside may not be made after three (3) months have elapsed from the date on which the party making that application had received the award or, if the parties have agreed to any other arbitral process of appeal or review, the date when the applicant or appellant was notified of the result of that process or, if a request had been made under section 57, from the date on which that request had been disposed of by the arbitral tribunal or after such longer period as the parties to the arbitration have agreed in writing. (3) Save as set out in this section, there shall be no other recourse or appeal to the Court against an arbitral award made in an arbitration which has its seat in the Abu Dhabi Global Market. (4) For the avoidance of doubt, the Court must not undertake a merits review of the award either on fact or law.
56.59. Waiver of the right to bring an action for setting aside
(1) The parties may, by an express statement in the arbitration agreement or by a subsequent written agreement, waive fully the right to bring an action for setting aside or they may limit it to one or several of the grounds listed in section 58(2). (2) If the parties have waived the right to bring an action for setting aside the awardsaward and if the awards areaward is to be enforced in the Abu Dhabi Global Market, the arbitral award may nonetheless be denied recognition and enforcement pursuant to section 62.
PART 4: THE RECOGNITION AND ENFORCEMENT OF AWARDS
57.60. Application of this Part
(1) This Part 4Part 4 applies to:

(a) Awardsarbitral awards made in arbitrations where the seat of the arbitration is the Abu Dhabi Global Market; (b) New York Convention Awards; and (c) Allall other arbitral awards which are sought to be recognised and enforced in the Abu Dhabi Global Market, irrespective of the State or jurisdiction in which they are made. (2) For the avoidance of doubt, where the UAE has entered into an applicable treaty for the recognition and enforcement of arbitral awards, that treaty shall apply in the Abu Dhabi Global Market and the Court shall comply with the terms of such treaty. This includes, but is not limited to, the New York Convention.
58.61. Recognition and enforcement of awards
(1) An award within the meaning of subsection 55(1):60(1):
(a) shall be recognised as binding within the Abu Dhabi Global Market on the persons between whom it was made and may accordingly be relied on by those persons by way of defence, set-off or otherwise in any legal proceedings in the Abu Dhabi Global Market; and (b) shall be enforced within the Abu Dhabi Global Market as if it were a judgment of the Court and all of the Court's powers in respect of the enforcement of judgments shall apply to the enforcement of arbitral awards in the manner prescribed in this Part 4Part 4 and any rules made for that purpose. (2) The party seeking the recognition or enforcement of an award within the meaning of subsection 55(1)60(1) shall provide to the Court the original or a duly certified copy of:
(a) the original or a duly certified copy of the arbitral award in respect of which enforcement is sought; and (b) a copy of the arbitration agreement pursuant to which that arbitral award was rendered. If the award or the agreement is not made in English, the Court may request the party to provide a translation thereof. (3) Where, upon the application of a party for the recognition or enforcement of an arbitral award, the Court decides that the award shall be recognised or enforced, it shall issue an order to that effect. (4) An order recognising or enforcing an arbitral award shall be issued in English and Arabic, unless the Court shall determine otherwise. EitherIf the Court determines that the order should be issued in another language in addition to English, either language version, in its original or certified copy form, shall constitute sufficient proof of the order for recognition or enforcement. (5) AwardsSubject to Article 13 of the ADGM Founding Law, awards recognised by the Court may be enforced outside the Abu Dhabi Global Market in accordance with the

applicable legislation in force and recognition under these Regulations includes ratification for the purposes of any such applicable legislation.
59.62. Grounds for refusing recognition or enforcement
(1) Recognition or enforcement of an arbitral award, irrespective of the State or jurisdiction in which it was made, may be refused by the Court only if:
(a) the party making the application furnishes proof that:
(i) a party to the arbitration agreement was, under the law applicable to it, under some incapacity; (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; (iii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; (iv) the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; (v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, or failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (vi) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. (b) the Court finds that:
(i) the subject-matter of the difference is not capable of settlement by arbitration under the laws of the Abu Dhabi Global Market; or (ii) the recognition or enforcement of the award would be contrary to the public policy of the UAE. (2) If an application for the setting aside or suspension of an award has been made to a court referred to in subsection (1), the Court may, if it considers it proper, adjourn its decision and may also, on the application of the party seeking recognition or enforcement of the award, order the other party to provide appropriate security. (3) Any party seeking recourse against an arbitral award made in the seat of the Abu Dhabi Global Market shall not be permitted to make an application under subsection

(1) if it has made or could have made an application under section 58 of these Regulations.

SCHEDULE 1
INTERPRETATION

1. Rules of interpretation
   (1) In these Regulations, unless a contrary intention appears, a reference to:
   (a) a statutory provision includes a reference to the statutory provision as amended or re-enacted from time to time; (b) a person includes any natural person, body corporate or body unincorporate, including a company, partnership, unincorporated association, government or state; (c) an obligation to publish or cause to be published a particular document shall, unless expressly provided otherwise in these Regulations, include publishing or causing to be published in printed or electronic form; (d) a day shall refer to a business day, being a normal working day in the Abu Dhabi Global Market; (e) a calendar year shall mean a year of the Gregorian calendar; (f) a reference to the masculine gender includes the feminine and vice versa; and (g) words in the singular shall include the plural and vice versa. (2) The headings in these Regulations shall not affect the interpretation of these Regulations. (3) Where a provision of these Regulations leaves the parties free to determine or agree upon an issue, such freedom includes the right of the parties to authorise a third party, including an arbitration institution or appointing authority, to make a determination on that issue. (4) A reference in these Regulations to a Part, Section or Schedule by number only, and without further identification, is a reference to the Part, Section or Schedule of that number in these Regulations. (5) A reference in a section or other division of these Regulations to a subsection, paragraph, subparagraph or section by number or letter only is a reference to the subsection, paragraph, subparagraph or section of that number or letter contained in the section or other division of these Regulations in which that reference occurs. (6) Unless the context otherwise requires, where these Regulations refer to an enactment, the reference is to that enactment as amended from time to time, and includes a reference to that enactment as extended or applied by or under another enactment, including any other provision of that enactment. (7) References in these Regulations to a writing, filing, instrument or certificate include any mode of communication that preserves a record of the information contained

therein and is capable of being reproduced in tangible form, including electronic means. (8) Where a provision of these Regulations refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules, including those of any institution, referred to in that agreement. (9) Where a provision of these Regulations, other than in sections 46(a) and 56(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim. (10) A reference in these Regulations to a hearing, argument or a report being conducted or delivered orally includes a remote hearing, argument or report that allows parties to orally present their case by using technological solutions such as telephone, video conference or other communication technology.
2. Legislation in the Abu Dhabi Global Market
References to legislation in these Regulations shall be construed in accordance with the following provisions:
(a) Federal Law is law made by the federal government of the United Arab Emirates; (b) Abu Dhabi Law is law made by the Ruler, as applicable in the Emirate of Abu Dhabi; and (c) these Regulations are the Arbitration Regulations 2015 made by the Board.
3. Defined Terms
In these Regulations, unless the context indicates otherwise, the defined terms listed below shall have the corresponding meanings:
“Abu Dhabi Global Market” has the meaning given in section 1 of the Interpretation Regulations 2015; “arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties or pursuant to these Regulations; “Board” has the meaning given in section 1 of the Interpretation Regulations 2015; “Confidential Information” means any information relating to:
(a) the arbitral proceedings under the arbitration agreement; or (b) an award made in those arbitral proceedings; “Court” means the Court of First Instance; “court” shall mean any competent court of any State or jurisdiction, including the Court, where applicable; “Court of First Instance” has the meaning given in section 229(1) of the Court Regulations;

“Court Regulations” means the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015; “dispute” includes any difference; “legal proceedings” means civil proceedings in the ADGM Courts; “legislation” includes regulations or rules made under legislation; “ADGM Founding Law” means Law No. (4) of 2013 concerning Abu Dhabi Global Market, as amended by Law No. (12) of 2020, issued by His Highness the Ruler; “New York Convention” means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration on 10 June 1958; “New York Convention Award” means an award made, in pursuance of an arbitration agreement, in the territory of a state which is a signatory to the New York Convention (other than the UAE). An award shall be treated as made at the seat of the arbitration, regardless of where it was signed, despatched or delivered to any of the parties; “Party Representative” means any person, including an employee of a party, who appears in an arbitration on behalf of a party and makes submissions, arguments or representations to the arbitral tribunal on behalf of such party (other than as a witness or expert), whether or not they hold a legal qualification or are admitted to practice law in any jurisdiction; “seat” means the juridical seat of the arbitration designated (a) by the parties to the arbitration agreement, or (b) by any arbitral or other institution or person vested by the parties with powers in that regard, or (c) by the arbitral tribunal; “these Regulations” means the Arbitration Regulations 2015 issued by the Board of Directors of the Abu Dhabi Global Market;, as amended in [2020]; “Ruler” means the ruler of the Emirate of Abu Dhabi; “third party funding agreement” means an agreement under which a person (“the funder”) agrees to fund (directly or indirectly and in whole or in part) the provision of advocacy or litigation services (by a person other than the funder) to a party in return for a sum payable by the party in specified circumstances; and “UAE” means the United Arab Emirates.

SCHEDULE 2
MANDATORY PROVISIONS OF THE REGULATIONS
The mandatory provisions referred to in section 9Error! Reference source not found. of the Regulations are the following:
Section 11 (Waiver and loss of right to object);
Section 12 (Extent of court intervention);
Section 14 (Arbitration agreement);
Section 16 (Stay of legal proceedings);
Section 20 (Grounds for challenge);
Section 22 (Failure or impossibility to act);
Section 24 (Liability of arbitral tribunal and others);
Section 26 (Objection to the substantive jurisdiction of tribunal);
Section 27 (Determination of preliminary point of jurisdiction);
Section 30 (Recognition and enforcement of interim measures by the Court);
Section 31 (Power of the Court to order interim measures);
Section 32 (Privacy of arbitration related court proceedings);
Section 33 (Fair treatment of parties);
Section 34(4) and (5) (Determination of rules of procedure);
Section 35(2) (Seat of arbitration);
Section Error! Reference source not found.(1) and (2) (Disclosure of a third-party
funding agreement);
Section 38(3) (Consolidation orders – limitation periods);
Section Error! Reference source not found. (Party and party’s representatives conduct);
Section 45(2) (Confidentiality of arbitral proceedings and awards);
Section 47(3) and (4) (Expert report or evidentiary document);
Section 48 (Court assistance in taking evidence);
Section 49(1) and (3) (Rules applicable to substance of dispute);

Section 54 (Awards on different aspects of matters);
Section 55(1) and (3) to (9) (Form and contents of award);
Section 56(1) to (4) (Termination of proceedings);
Section 59 (Waiver of the right to bring an action for setting aside);
Section 60 (Application of this Part);
Section 61 (Recognition and enforcement of awards); and
Section 62 (Grounds for refusing recognition or enforcement).