Introduction: Interim Measures in Arbitration Under UAE Law – A 2025 Perspective
As the United Arab Emirates cements its place as an international business and dispute resolution hub, the ability to navigate arbitration frameworks is becoming even more critical for corporate leaders, human resources executives, and legal professionals. Recent updates to the UAE Arbitration Law, especially those implemented and clarified in 2023 and 2024 through Federal Decree-Law No. 6 of 2018 on Arbitration and subsequent Cabinet and Ministerial Resolutions, have deepened the regime surrounding interim measures in arbitration. As we look towards 2025 and beyond, it is imperative for organisations with operations or commercial activities in the UAE to fully understand not just the letter of the law, but also the strategic implications, compliance risks, and emerging best practices when seeking, challenging, or enforcing interim measures.
This consultancy analysis explores the practical application of current and forthcoming legal requirements regarding interim measures in arbitration, offers clarity on legislative changes, and provides actionable recommendations for UAE-based businesses and foreign entities alike. The importance of this topic cannot be overstated: interim measures—whether freezing of assets, preservation of evidence, security for claims, or orders to prevent irreparable harm—can be pivotal in safeguarding commercial interests during often-lengthy arbitration proceedings.
Navigating this landscape effectively involves more than understanding the statutory text. It requires robust risk management, sound documentation, and clear familiarity with both procedural tools and compliance pitfalls. The present article guides decision-makers and legal counsel through every stage of this complexity, integrating real-world scenarios, statutory comparisons, and advisory insights to ensure that your organisation remains ahead of regulatory and operational challenges in the UAE’s fast-evolving arbitration environment.
Table of Contents
- UAE Arbitration Framework Overview for 2025
- Defining Interim Measures and Their Importance
- Legal Basis and Key Updates for Interim Measures in the UAE
- Detailed Analysis of Key Provisions
- Comparison of Prior and Current Laws
- Practical Considerations for Invoking Interim Measures
- Case Studies and Hypothetical Scenarios
- Compliance Risks and Proactive Strategies
- Forward-Looking Perspective and Best Practices
- Conclusion
UAE Arbitration Framework Overview for 2025
The Statutory Backbone: Federal Decree-Law No. 6 of 2018
The principal statute governing arbitration in the UAE remains Federal Decree-Law No. 6 of 2018 on Arbitration (hereafter, the “UAE Arbitration Law”), effective since mid-2018 and significantly modernised to align with international best practices and the UNCITRAL Model Law. This law is further interpreted and supported by various Cabinet Resolutions and judicial guidance issued periodically by the Ministry of Justice.
Key highlights of the arbitration landscape relevant for 2025 include:
- Clear statutory recognition of the authority of both arbitral tribunals and UAE courts to order interim and precautionary measures.
- Procedural guidance for enforcement of interim measures, especially those issued by foreign or institutional tribunals.
- Introduction of more robust mechanisms for emergency arbitrators and expedited relief.
Why Interim Measures Matter in the UAE
In the context of high-value contracts, cross-border transactions, and complex joint ventures, interim measures are essential in preventing the dissipation of assets, safeguarding evidence, or maintaining the status quo pending the outcome of arbitration. Their proper application can mean the difference between successful dispute resolution and irreparable commercial harm.
Institutions and Jurisdictions
The UAE hosts both onshore arbitration proceedings and special free zone regimes, such as the Dubai International Arbitration Centre (DIAC) and Abu Dhabi Global Market Arbitration Centre (ADGMAC). Both adhere to the UAE Arbitration Law framework, though ADGM statutes are modelled on English law. Awareness of these nuances is vital for cross-jurisdictional disputes.
Defining Interim Measures and Their Importance
What Constitutes an Interim Measure?
Pursuant to Article 21 of Federal Decree-Law No. 6 of 2018, interim measures are temporary orders issued by an arbitral tribunal at the request of a party, with the purpose of preserving assets, evidence, or status quo until final determination of the dispute. Types commonly include:
- Asset freezing orders (prohibiting disposal or dissipation of assets)
- Orders to preserve, protect, or inspect property
- Directions concerning the custody or preservation of evidence
- Provisional payments or security
Practical Impact: Securing interim relief can prevent a party from moving assets offshore, destroying documentation, or taking hostile actions that would frustrate the enforcement of any eventual arbitration award. This is especially critical in dynamic sectors such as real estate, construction, and finance—core pillars of the UAE economy.
Legal Basis and Key Updates for Interim Measures in the UAE
The Legislative Foundations
Core legislative and regulatory sources include:
- Federal Decree-Law No. 6 of 2018 on Arbitration (as amended by Federal Decree-Law No. 15 of 2023): Especially Articles 18 through 26.
- Cabinet Resolution No. 57 of 2018 and Ministerial Resolution No. 972 of 2023: Providing procedural details and enforcement guidelines.
- Civil Procedure Law (Federal Law No. 11 of 1992, as amended): Supplementary reference for court-related interim proceedings.
Key Updates for 2025
- Expanded Scope for Arbitrators: Tribunals now have clearer, more direct statutory authority to grant a wider array of interim measures, with fewer grounds for automatic judicial review.
- Fast-Track Enforcement: Recent Cabinet and Ministerial Resolutions have codified stricter timelines for local courts to recognise and enforce interim orders, whether issued by UAE-based or foreign tribunals.
- Introduction of Emergency Arbitrators: New institutional rules—particularly in DIAC and ADGMAC—allow for appointment of emergency arbitrators to grant urgent interim relief prior to the constitution of the main tribunal.
- Enhanced Penalties for Non-Compliance: Refusing to comply with validly issued interim orders may now attract civil penalties and potential criminal liability, as provided under new Ministerial guidelines.
These enhancements reflect the UAE’s commitment to supporting the efficiency and credibility of its arbitration regime and making it more attractive to international parties.
Detailed Analysis of Key Provisions
Tribunal and Court Jurisdiction: Who May Grant Interim Measures?
Under Article 21 of the UAE Arbitration Law:
- Arbitral Tribunals have authority to issue interim measures upon application by either party after the formation of the tribunal, unless expressly excluded by the parties’ agreement.
- Local Courts retain concurrent or supportive jurisdiction to grant interim measures—before, during, or even post-arbitration—wherever urgent relief is warranted.
Procedural flexibility is thus guaranteed, but parties must be conscious of forum selection and the risks of parallel proceedings.
Types of Interim Measures Recognised
- Asset preservation, including attachment or freezing of accounts (Article 21/2)
- Orders to prevent the transfer, concealment, or destruction of evidence (Article 21/2-b)
- Compulsory third-party disclosure (per recent Ministry of Justice guidelines)
This expanded recognition assists corporate counsel in crafting targeted arbitration strategies to protect organisational interests.
Enforcement and Grounds for Challenge
Article 23 specifies that interim tribunal orders are enforceable by UAE courts as orders of the court, provided the order is not contrary to public policy or the arbitration agreement itself. However, a court may refuse enforcement on limited grounds:
- Where there was lack of due process or notice to the respondent
- If the measure exceeds the jurisdiction prescribed by the arbitration agreement
- If the measure would cause manifest injustice or is prohibited by UAE law
Such challenges must be mounted promptly, and strategic forethought is crucial for the party on the receiving end of an adverse order.
Emergency Arbitrators: An Evolving Mechanism
The introduction of emergency arbitrators, as seen in the 2023 DIAC Rules and forthcoming in the expected ADGM Arbitration Regulation update, empowers parties to request urgent pre-tribunal relief. This mechanism fills what had previously been a vulnerability for claimants seeking immediate protection before the main tribunal is constituted.
Comparison of Prior and Current Laws
Tabular Comparison: Pre-2018 and Current Framework
| Aspect | Prior Law (Before 2018/2023) |
Current Law (2023–2025 Updates) |
|---|---|---|
| Arbitral Tribunal Power | Limited express powers; often unclear; courts default option | Express recognition; expanded powers; direct enforcement |
| Emergency Arbitrators | No statutory mechanism | Permitted under institutional rules (DIAC, ADGMAC) |
| Types of Measures | Narrow: mainly asset freezing or evidence preservation | Broader: includes injunctions, security, orders to third parties |
| Enforcement | Possible court procedural hurdles; slow process | Fast-track court enforcement via Cabinet/Ministerial resolutions |
| Non-Compliance Consequences | Unclear or weak sanctions | Defined civil and criminal penalties for obstruction |
Suggested Visual: A side-by-side infographic showing expanded powers and faster enforcement timelines in the current regime.
Practical Considerations for Invoking Interim Measures
Legal and Procedural Steps
To successfully seek interim relief under UAE law:
- Assess Urgency and Necessity: Demonstrate clear risk of irreparable harm or asset dissipation.
- Document Evidence: File affidavits, supporting contracts, and proof of imminent threat.
- Select the Forum: Decide whether to approach the arbitral tribunal (if constituted) or the competent local court.
- Draft Specific Prayers: Specify the exact relief sought—avoid vague or overbroad requests.
- Address Counterpart Security: Be prepared to offer guarantees or undertakings in case the order later proves unjustified.
Practical Tip: In most cases, the tribunal may require the applicant to lodge a financial guarantee against possible damages to the other party if the interim measure is subsequently set aside.
Burden of Proof and Tactical Considerations
Applicants must show a prima facie case, likelihood of irreparable harm, untreated urgency, and that the harm is not adequately compensable by damages alone. Defendants may resist by proving lack of urgency or by posting counter-guarantees.
Third Party and Cross-Border Implications
UAE courts and arbitral tribunals can bind parties within the UAE, but enforcing interim measures internationally depends on the existence of reciprocal treaties or the New York Convention. This is especially relevant in complex, multi-jurisdictional disputes.
Suggested Visual: A process diagram showing the decision flow—tribunal vs. court, timelines, and appeal routes.
Case Studies and Hypothetical Scenarios
Case Study 1: Asset Freezing in a Cross-Border Joint Venture
Background: A German-UAE consortium is embroiled in an arbitration seated in Dubai. The UAE entity attempts to transfer funds abroad during proceedings. The German party applies for an interim measure before the tribunal to freeze relevant UAE bank accounts.
- Legal Steps: Supported by documentary evidence, the applicant seeks a freezing order from the tribunal; the order is enforced by the Dubai courts per Article 23.
- Outcome: Assets are protected pending the final award; attempt to challenge the order fails due to the applicant’s robust demonstration of urgency and risk.
Case Study 2: Evidence Preservation in a Construction Dispute
Background: A UK-based project manager alleges that its UAE counterpart is about to destroy crucial digital project files amid an ongoing arbitration. The manager requests an emergency arbitrator for immediate preservation and inspection orders.
- Legal Steps: Emergency arbitrator is appointed under DIAC rules (2023), orders secure backup and restricted access to the files.
- Outcome: Evidence is preserved; non-compliance would have attracted court intervention and civil penalties under new Ministerial regulations.
Hypothetical Scenario: Non-Compliance Risks
Background: A respondent company ignores an interim preservation order, claiming procedural irregularities.
- Legal Outcome: Ministerial Resolution No. 972 of 2023 empowers the tribunal to report to court; courts may issue fines and provisional attachments; directors may face personal liability for contempt.
Compliance Risks and Proactive Strategies
Risks for Non-Compliance
Ignoring or failing to abide by valid interim measures can result in:
- Financial penalties for the corporate entity and responsible managers
- Negative inferences or adverse costs orders during proceedings
- Criminal liability in egregious cases involving deliberate asset concealment or misrepresentation
- Reputational damage with regulators and business partners
Recent judicial rulings have also confirmed that foreign nationals can be held personally liable in the UAE for wilful contempt of interim orders tied to onshore proceedings.
Best Practice Compliance Checklist
| Step | Action |
|---|---|
| 1 | Review and update arbitration clauses in key contracts to expressly address interim relief options |
| 2 | Establish clear protocols for immediate escalation of interim order notifications to senior management |
| 3 | Appoint a designated compliance officer for arbitration-related injunctions and court support applications |
| 4 | Train relevant staff in document preservation and confidentiality practices |
| 5 | Conduct regular audits of asset flows and account structures susceptible to interim freezing |
Suggested Visual: A compliance checklist infographic for HR and legal departments.
Proactive Strategies
- Retain experienced arbitration counsel capable of quick action when urgent relief is needed.
- Negotiate detailed arbitration clauses that pre-authorise tribunal interim powers, minimising litigation over jurisdiction later.
- Anticipate counter-party tactics: insist on mirrored obligations for both parties regarding assets and evidence.
Forward-Looking Perspective and Best Practices
The UAE’s Enhanced International Profile
With recent updates, the UAE’s regime for interim measures in arbitration now matches or exceeds those of leading global arbitral seats—making it increasingly attractive for international business and investment. As enforcement becomes faster and more predictable, risk management for dealmakers improves significantly.
Emerging Trends and Anticipated Future Developments
- Further digitalization and e-filing for interim applications and enforcement proceedings, especially in DIAC and ADGM systems
- Adoption of AI-assisted case management in large arbitrations to identify and track interim relief events
- Potential regional coordination with other GCC states to improve cross-border enforcement of interim measures
Top Recommendations for UAE Businesses and Legal Teams
- Regularly review internal policies for handling and responding to arbitration-related injunctions
- Include explicit reference to interim measures in all major contract negotiations
- Liaise with local counsel on the suitability of onshore vs. free-zone jurisdiction for bespoke commercial deals
- Remain apprised of evolving Ministry and Cabinet guidelines, particularly regarding the civil and criminal sanctions landscape
Conclusion
As the architecture of UAE arbitration law continues to advance, the power and enforceability of interim measures are now cornerstones of effective dispute resolution in the region. The 2025 legal landscape—shaped by Federal Decree-Law No. 6 of 2018, Cabinet and Ministerial Resolutions, and institutional rule changes—demands meticulous compliance, rapid response protocols, and strategic forethought for commercial players operating within or through the UAE.
Organisations and legal practitioners are advised to embed the discussed best practices into their compliance frameworks, maintain ongoing training, and work closely with specialised arbitration counsel to protect core business interests. Remaining proactive is not merely a regulatory obligation—it is an essential component of preserving value, relationships, and reputation in a business climate that increasingly embraces arbitration as the preferred dispute resolution path.
Through robust process, preventive compliance, and clear contractual drafting, UAE-based enterprises can confidently navigate interim measures in arbitration now and into the future—ensuring that regulatory change remains a source of opportunity, not uncertainty.