OUT-LAW NEWS 2 min. read

Report highlights growing role for arbitrateAD in dispute resolution

Al Reem island Abu Dhabi

Abu Dhabi. HyperlapsePro/iStock.


The role that arbitrateAD has to play in resolving construction, real estate and commercial disputes has been highlighted by a new report that the institution has published, experts have said.

The Abu Dhabi International Arbitration Centre, known as arbitrateAD, began operating on 1 February 2024, offering businesses in the Middle East greater choice over how to resolve disputes. The first report containing case statistics and other information from its first two years of its operation has now been published.

According to the report (30-page / 8.2MB PDF), the centre administered a total of 105 matters in the two-year period, including 76 arbitration cases and 29 matters in which it acted as appointing authority or administered conciliation proceedings.

The majority of proceedings have been heard in English – 84% compared with 16% in Arabic – with half of its cases arising in the context of construction disputes. A further 18% of cases concerned disputes in relation to real estate contracts, while 8% of cases revolved around commercial contracts. A smaller number of cases arose in relation to professional services, insurance, energy and IP disputes, among others.

A broad spread of nationalities is represented among the arbitrators chosen to hear cases before arbitrateAD, with arbitrators from Egypt, the UAE, the UK, Lebanon and France among those most commonly selected.

The data published by arbitrateAD shows disparity between the gender of arbitrators nominated by the arbitrateAD Court of Arbitration and those nominated by the parties – the gender balance of arbitrators selected by the institution is 57% men and 43% women, compared to 81% men and 19% women in respect of parties’ picks.

“The centre’s development and early data are a clear signal that Abu Dhabi is positioning itself as a serious global player in international arbitration, offering a credible platform for the resolution of complex disputes,” said Dubai-based arbitration expert Seema Bono of Pinsent Masons. “It is particularly encouraging to see arbitration users in the UAE benefiting from a growing range of high-quality institutional options, including arbitrateAD.”

“The centre’s growth across a diverse mix of sectors alongside its strong early case numbers reflects both market confidence in arbitration and the increasing sophistication of disputes being referred to it,” she added.

Expert in construction dispute resolution Hai Song Tan, also of Pinsent Masons in Dubai, said: “With construction disputes accounting for half of all cases administered by arbitrateAD in its first two years, the centre is clearly filling an important gap in the regional dispute resolution landscape for the construction and engineering sector. The introduction of the Adjudicator Appointment Rules and the MoU with the Abu Dhabi Projects and Infrastructure Centre are particularly significant developments for those of us working in construction arbitration, as they signal a move towards a more integrated approach to dispute management across the project lifecycle, from early-stage dispute avoidance through adjudication to full arbitration.”

“For contractors, developers, and project owners operating in Abu Dhabi's infrastructure market, having a local institution that combines modern procedural tools, such as expedited proceedings for lower-value disputes and early dismissal mechanisms, with a genuinely international Court of Arbitration is a meaningful advantage,” he said.

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