A Concise Historic Overview of Arbitration in the UAE:

From Past to Present and the Path After Alignment with the UNCITRAL Model Law

Kris Wagner

Pierre Mallet

 

Abstract: This article examines the evolution of arbitration in the UAE, addressing the research question of how historical and legislative developments have shaped the country’s arbitration framework to balance local traditions with international norms. It traces arbitration practices from pre-Islamic times through the influence of Islam, the transformations from 1900 to the UAE’s establishment in 1971, and the impact of legislative milestones such as the 2018 Arbitration Act and its 2023 amendments. Through these reforms, the UAE became a jurisdiction aligned with the UNCITRAL Model Law, aiming to instil confidence in foreign investors and provide a familiar legal landscape for practitioners worldwide. While adhering to the principles of the UNCITRAL Model Law, the UAE legislator incorporated certain local nuances into the national arbitration framework, reflecting the Model Law’s aim to balance unification of laws with respect for the sovereignty of local legislators, ensuring internal legislative consistency and integrity. This article explores how historical developments have shaped the UAE’s arbitration law, defining its role in both historical and modern international arbitration contexts. It highlights the UAE’s dual commitment to honouring local traditions while adhering to global arbitration norms. This historical perspective offers insights into how arbitration has evolved as a tool for conflict resolution, ensuring trust and efficiency in the UAE’s legal framework governing arbitration.