Getting Relief Fast: Emergency Arbitration in Times of Crisis, and Why the UAE Remains a Safe Seat

Commercial disruption, whether caused by market shifts, supply chain issues, force majeure events, or other unexpected developments, often leads to disputes almost overnight. Contracts may be breached, assets put at risk, and counterparties may act, or fail to act, in ways that cause immediate and sometimes irreparable harm. In such situations, parties are faced with a pressing question that traditional arbitration timelines cannot easily address. Can legal relief be obtained immediately? 

The answer, if the contract and the applicable arbitration rules are properly structured, is yes. Emergency arbitration, which allows a party to seek urgent interim relief from a specially appointed arbitrator before the main tribunal is constituted, has become one of the most effective tools in international commercial dispute resolution. This article explains how it operates under the key frameworks relevant to UAE-based disputes, including DIAC, the ICC, arbitrateAD, and the ADGM. 

The article also addresses a question that international parties have increasingly raised: is it still safe to arbitrate in the UAE? The answer is an emphatic yes — and the reasons why are worth understanding. 

What is Emergency Arbitration, and When Does it Apply? 

Emergency arbitration allows a party to seek urgent interim or conservatory measures such as an injunction, an asset preservation order, an order to maintain the status quo  from a sole emergency arbitrator, before the main tribunal has been constituted. It fills the gap that previously forced parties with arbitration clauses to run to domestic courts for urgent relief, sometimes in jurisdictions that were hostile, unfamiliar, or inaccessible. 

Emergency arbitration is not a substitute for the main arbitration. It is a bridge, a mechanism to prevent irreparable harm from occurring in the days or weeks before the arbitral tribunal is formally appointed and able to act. 

In times of commercial urgency, the types of relief that parties typically seek include: 

• Asset preservation orders — preventing a counterparty from dissipating funds or disposing of assets while a dispute is pending. 

• Status quo orders — preventing a party from calling a performance bond, terminating a contract, or taking unilateral action that would be difficult to reverse. 

• Evidence preservation orders — securing documents or data before they are destroyed or become inaccessible. 

• Injunctions against breach — restraining a party from taking a specific action that would constitute a breach or cause irreparable harm. 

The key threshold across all institutional frameworks is urgency and irreparability: the relief sought must be something that cannot wait for a full tribunal to be constituted, and the harm that would result from delay must be serious and not fully compensable in damages. 

Emergency Arbitration Under the DIAC Rules 2022 

The DIAC Arbitration Rules 20221 introduced emergency arbitrator provisions for the first time — a significant modernisation absent from the 2007 Rules. The procedure is set out in Appendix II of the 2022 Rules, under the heading ‘Exceptional Procedures.’ 

The timeline 

• A party may apply for an emergency arbitrator concurrently with, or following, the filing of a Request for Arbitration. 

• DIAC appoints the emergency arbitrator within one day of receipt of the application, provided the DIAC Arbitration Court is prima facie satisfied that the proceeding is reasonable (DIAC Arbitration Rules 2022, Appendix II, Article 2.5).2 

• The emergency arbitrator provides a timetable within 2 business days of receiving the file from the Centre. 

• The order is issued as soon as reasonably practicable.3 

Can You Apply Without Notice to the Other Side? 

Yes — in limited circumstances. Where the applicant reasonably believes that giving notice to the other party would jeopardise the efficacy of the application, and the procedural rules of the seat permit ex parte applications, DIAC may consider an application without notice in limited circumstances, subject to the rules of the seat and strict justification by the applicant.4 

Default seat: DIFC 

A notable feature of the DIAC 2022 Rules is the designation of the DIFC as the default seat of arbitration where parties have not agreed a seat.5 This connects DIAC-administered arbitrations to the DIFC Courts’ supervisory jurisdiction and pro-arbitration framework — including the DIFC Court’s own powers to grant urgent interim measures. 

Emergency Arbitration Under the ICC Rules 2021 

The ICC emergency arbitrator procedure — introduced in 2012 and refined in the 2021 Rules under Article 29 and Appendix V6 — is one of the most widely used emergency arbitration mechanisms in international commercial practice. For parties with ICC arbitration agreements — common in major infrastructure, energy, and cross-border commercial contracts in the region — this is the primary route to emergency relief. 

The Timeline 

• The ICC Court appoints the emergency arbitrator within 2 days of receipt of the application.7 

• The emergency arbitrator’s order must be issued within 15 days of the date the file is transmitted to the emergency arbitrator. 

• The filing fee is US$40,000. This is non-refundable regardless of outcome. 

The standard for Relief 

The applicant must demonstrate that the relief is urgently needed — specifically, relief that ‘cannot await the constitution of an arbitral tribunal.’8 In practice, ICC emergency arbitrators have applied the test of whether the situation is more urgent than the time it would take for an expedited tribunal to be constituted. 

Key Limitation: Signatories Only 

The ICC emergency arbitrator provisions apply only to parties that are signatories to the underlying arbitration agreement (or their successors).9 This means that emergency relief cannot be obtained against third parties who are not bound by the arbitration clause — a material consideration in multi-party disputes, corporate group situations, and cases where enforcement against related entities may be needed. 

Emergency and Interim Relief in ADGM-Seated Arbitrations 

The position in the ADGM is slightly different from DIAC and ICC, but equally robust and in some respects stronger. The ADGM Arbitration Regulations 2015 (as amended in 2020) do not prescribe a standalone ’emergency arbitrator’ procedure in the manner of DIAC or ICC Appendix V. Instead, the ADGM framework operates through two parallel routes. 

Route 1: Institutional rules (ICC in ADGM) 

The ICC established a representative office in the ADGM in 2021. Parties using ICC Rules for ADGM-seated arbitrations therefore have access to the full ICC emergency arbitrator procedure under Article 29 and Appendix V, as described above. 

Route 2: ADGM Court interim measures 

Section 31 of the ADGM Arbitration Regulations 2015 (as amended) grants the ADGM Court broad powers to order interim measures in support of ADGM-seated arbitrations — including ex parte orders in cases of genuine urgency.10 These powers include: 

• Maintaining or restoring the status quo pending determination of the dispute 

• Preventing actions likely to cause harm or prejudice to the arbitral process 

• Preserving assets out of which an award may be satisfied 

• Preserving evidence material to the dispute 

Critically, in A30 and others v E30 and others [2025] ADGMCA 000311 — decided as recently as September 2025 , the ADGM Court of Appeal confirmed that the mandatory provisions of the ADGM Arbitration Regulations override institutional rules where those rules would otherwise prevent the Court from granting interim relief. The Court granted a worldwide freezing order in support of an ADGM-seated arbitration, notwithstanding that the applicable rules (the LCIA Rules) required tribunal permission before court intervention. This is a significant and very recent authority confirming the ADGM Court’s robust support for urgent interim relief. 

arbitrateAD and Its Emergency Relief Framework 

arbitrateAD — the Abu Dhabi International Arbitration Centre — launched on 1 February 2024, replacing the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC).12 It is Abu Dhabi’s primary independent arbitration institution, administered pursuant to its 2024 Rules and overseen by a 15-member international Court of Arbitration. For disputes with an Abu Dhabi nexus — government-related commercial matters, energy projects, real estate, and Abu Dhabi Chamber-connected contracts — arbitrateAD is the natural institutional home. 

Emergency Arbitrator Provisions 

Article 35 of the arbitrateAD Rules 2024 provides a fully-featured emergency arbitrator procedure:13 

• The Centre endeavours to appoint an emergency arbitrator within 1 day of receipt of the application — matching DIAC in speed. 

• The emergency arbitrator must render a decision within 10 days of appointment — faster than ICC’s 15-day deadline. 

• The emergency arbitrator has the same powers as the constituted tribunal, including authority to decide jurisdictional issues and order any interim measures deemed appropriate. 

• All emergency arbitrator orders and awards are subject to approval as to form by the Registrar, or in appropriate cases by the Court — a scrutiny mechanism akin to the ICC, providing a quality check before an order takes effect. 

A Notable Procedural Advantage 

Parties may file an emergency arbitrator application before submitting the Request for Arbitration.14 This enables urgent protective action before formal proceedings commence. The Request for Arbitration must follow within 30 days of the emergency arbitrator’s decision. This pre-commencement flexibility is particularly valuable in a fast-moving crisis where the commercial relationship has not yet formally broken down but immediate protective measures are essential. 

Important Note for Legacy ADCCAC Contracts 

Parties whose contracts refer to the ADCCAC should be aware that the emergency arbitrator and expedited proceedings provisions of the arbitrateAD Rules apply only if expressly opted into for such legacy agreements. This is a material distinction from DIAC, where the 2022 Rules apply automatically to all new arbitrations regardless of when the underlying agreement was executed. 

Comparison: Emergency Relief Under DIAC, ICC, ADGM and arbitrateAD 

Practical Considerations Before Filing 

Emergency arbitration is a powerful tool , but it is not one to deploy carelessly. Before filing, parties and their counsel should consider the following: 

• Check the arbitration clause carefully. Emergency arbitrator provisions under both DIAC and ICC rules apply unless the parties have specifically opted out in writing. If the contract was entered into before 1 January 2012, the ICC emergency arbitrator provisions do not apply by default. 

• Satisfy the urgency threshold. The applicant must demonstrate genuine urgency ,  not just that the dispute is serious. If the harm is compensable in damages, the emergency arbitrator may decline to act. Evidence of irreparability is essential. 

• Comply with notice requirements. In most cases, the other side must be notified. Preparing a proper notice and identifying all parties before filing will accelerate the process. 

• Prepare to pay immediately. The ICC charges US$40,000, payable upfront. DIAC also requires payment of the filing fee before the process begins. Delays in payment delay appointment. 

• Have an enforcement strategy ready. An emergency order is only valuable if it can be enforced. Understanding how the order will be recognized and enforced, particularly if assets are located in a different jurisdiction, is an essential before applying.15 

• Consider parallel court relief. In appropriate circumstances, a party may simultaneously seek interim measures from the DIFC or ADGM Courts in support of the arbitration. The UAE Federal Arbitration Law,16 DIFC Arbitration Law,17 and ADGM Arbitration Regulations18 all expressly preserve the courts’ powers to grant interim measures alongside an arbitral process. 

These are parallel and complementary mechanisms, not alternatives. In cases of genuine crisis, the combined use of emergency arbitration and court-based interim relief may offer the fastest and most comprehensive protection. 

The UAE as a Safe Seat: Why Geopolitical Events Do Not Change the Answer 

Some parties and their advisers have raised a question about seat selection: should we be arbitrating elsewhere? Should we move our seat from Dubai or Abu Dhabi to London, Singapore, or Paris? 

For the overwhelming majority of commercial parties, the answer is: no, and here is why. 

1. The UAE’s arbitral institutions are fully operational

DIAC, the DIFC Courts, arbitrateAD and the ADGM Courts are functioning normally. Dubai and Abu Dhabi are operating as major commercial centres. 

2. Virtual hearings are embedded in all four frameworks

Arbitral proceedings can be conducted entirely remotely. The DIAC 2022 Rules expressly provide for virtual hearings by telephone or video conferencing, electronic submissions, and electronic award signatures.19 arbitrateAD adopts the same approach: electronic submissions are the default under Article 5.2, virtual hearings are expressly permitted under Article 33, and all cases are administered through docketAD, a dedicated secure online case management platform. The DIFC and ADGM frameworks are equally equipped for remote proceedings. 

3. The UAE courts have strengthened their pro-arbitration stance in 2025–2026

Two landmark judicial developments in 2025 substantially reinforced the UAE as an arbitration-friendly jurisdiction.20 The courts confirmed that interim measures ordered by arbitral tribunals should not be interfered with by courts at an early stage, and a Federal Decision resolved the technical award signature dispute that had previously allowed losing parties to challenge enforcement on procedural grounds. The DIFC Courts have simultaneously demonstrated a strong enforcement track record — including upholding a USD 1.6 billion ICC award and continuing injunctions in support of DIFC-seated arbitrations.21 

4. The New York Convention ensures global enforceability

The UAE acceded to the New York Convention in 2006.22 Awards rendered in DIAC, DIFC, and ADGM-seated arbitrations are enforceable across over 170 contracting states. This global enforceability is the decisive practical advantage of arbitration over litigation in most cross-border disputes, and it is entirely unaffected by regional geopolitical events. 

5. The UAE is a neutral hub for regional disputes

Precisely because the UAE has pursued a consistent policy of commercial neutrality and remains a respected hub for cross-border trade, DIFC-seated and ADGM-seated arbitrations offer a genuinely neutral forum for parties from across the wider region. Counterparties with differing national and commercial backgrounds, whose contractual relationships may be strained by external events, are better served by UAE-seated arbitration than by the domestic courts of any of the parties’ home jurisdictions. 

The One Legitimate Concern: Onshore Enforcement 

There is one area where parties should take advice before proceeding: enforcement of awards in onshore UAE courts. Unlike the DIFC and ADGM, the onshore courts are civil law courts that do not follow a binding precedent system, which has historically produced some inconsistent outcomes. The 2025 judicial developments described above have substantially improved this picture, but parties with significant assets held onshore should ensure their enforcement strategy accounts for this distinction. 

Commercial disputes are increasingly arising in circumstances that require faster resolution than conventional arbitration timelines can address. Emergency arbitration under the DIAC’s Appendix II, ICC’s Article 29, arbitrateAD’s Article 35, or the ADGM Court’s interim measures powers provides the mechanism to seek urgent relief quickly and effectively. Understanding which route is available, what the threshold requires, and how the order will be enforced should be part of every dispute response strategy from day one. 

As for the UAE as an arbitral seat: the institutional infrastructure, the judicial framework, the virtual hearing capability, and the global enforceability of UAE-seated awards are all intact. The case for DIFC-seated and ADGM-seated arbitration is, if anything, stronger in 2026 than at any previous point precisely because those frameworks have been stress-tested and found to be reliable. 

Foot Notes………………………………………………………………………………………

1. DIAC Arbitration Rules 2022, Appendix II (Exceptional Procedures), Article 2. The rules came into effect on 21 March 2022 and replaced the 2007 DIAC Rules. The full text is available at: DIAC website. For commentary, see: Bryan Cave Leighton Paisner, ‘DIAC Rules 2022 – Finally Fit for Purpose’ (March 2022), available at: BCLP 
2. DIAC Arbitration Rules 2022, Appendix II, Article 2.5: ‘If the Arbitration Court is prima facie satisfied that in view of the relevant circumstances it is reasonable to allow such proceeding, the Centre shall seek to appoint the Emergency Arbitrator within 1 day of receipt of the application.’ Source: DIAC Arbitration Rules 2022 
3. DIAC Arbitration Rules 2022, Appendix II, Article 2: the emergency arbitrator provides a timetable within 2 business days of receiving the file, and issues the order ‘as soon as reasonably practicable.’ Source: Kluwer Arbitration Blog, DIAC 2022 Rules
4. DIAC Arbitration Rules 2022, Appendix II, Article 2.2: the application may be determined on an ex parte basis where the applicant ‘reasonably believes that such notice may jeopardize the efficacy of the application’ and the procedural rules of the seat permit such applications to be made without notice. Source: K&L Gates DIAC 2022 Analysis 
5. DIAC Arbitration Rules 2022, Article 20: where parties have not agreed on a seat, ‘the initial seat of the arbitration shall be DIFC.’ This default seat designation is a significant development, connecting DIAC-administered arbitrations to the pro-arbitration DIFC Courts framework. Source: Norton Rose Fulbright, DIAC 2022 Rules Overview 
6. ICC Arbitration Rules 2021, Article 29 and Appendix V (Emergency Arbitrator Rules). The emergency arbitrator provisions apply by default to arbitration agreements concluded on or after 1 January 2012, unless the parties have opted out. Full text and procedure available at: ICC Emergency Arbitrator 
7. ICC Arbitration Rules 2021, Appendix V, Article 2: the ICC Court appoints the emergency arbitrator within 2 days of receipt of the application. Article 6(4): the Order shall be made no later than 15 days from the date the file was transmitted to the emergency arbitrator. The filing fee for emergency arbitrator proceedings is US$40,000. Source: ICC Emergency Arbitrator procedure 
8. ICC Arbitration Rules 2021, Article 29(1): the standard for emergency relief requires ‘urgent interim or conservatory measures that cannot await the constitution of an arbitral tribunal.’ In practice, ICC emergency arbitrators have applied the test in Gerald Metals v Timis: whether the relief is needed ‘more urgently than the time it would take for the expedited formation of an arbitral tribunal.’ Source: Pinsent Masons, ‘Emergency Arbitration and the FIDIC Red Book’, available at: Pinsent Masons 
9. ICC Arbitration Rules 2021, Article 29(5): ‘Articles 29(1)-(4) and the Emergency Arbitrator Rules… shall apply only to parties that are either signatories of the arbitration agreement… or successors to such signatories.’ Emergency arbitrators have no power over non-signatory third parties. Source: Hughes Hubbard, ‘What’s an Emergency Arbitrator?’ 
10. ADGM Arbitration Regulations 2015 (as amended by Amendment No. 1 of 2020), Section 31: the ADGM Court has broad powers to order interim measures in support of arbitrations seated in the ADGM, including ex parte orders in urgent cases (Sections 31(4) and (5)). The ADGM Regulations are based on the UNCITRAL Model Law. Source: White & Case, ‘ADGM unveils an innovative update to its Arbitration Regulations’, available at: White & Case 
11. In A30 and others v E30 and others [2025] ADGMCA 0003 (30 September 2025), the ADGM Court of Appeal confirmed that the mandatory provisions of the ADGM Arbitration Regulations 2015 override institutional arbitration rules (in that case, the LCIA Rules) where they would otherwise prevent the Court from granting interim measures. The Court granted a worldwide freezing order in support of an ADGM-seated arbitration. Source: DLA Piper analysis, available at: DLA Piper 
12. arbitrateAD Arbitration Rules 2024, Articles 34 and 35. arbitrateAD launched on 1 February 2024, replacing the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC). The Rules apply to all arbitrations commenced on or after 1 February 2024 where parties refer disputes to arbitrateAD, the Abu Dhabi Chamber of Commerce and Industry (ADCCI), or the ADCCAC (for ADCCAC referrals, the emergency arbitrator provisions apply only if expressly opted into). The official Rules are available at: arbitrateAD Arbitration Rules 2024. For commentary, see: Mayer Brown, ‘Abu Dhabi International Arbitration Centre’s (arbitrateAD) new Arbitration Rules: 12 Key Features’ (March 2024), available at: Mayer Brown 
13. arbitrateAD Arbitration Rules 2024, Article 35 (Emergency Arbitrator). The Centre endeavours to appoint an emergency arbitrator within 1 day of receipt of the application. The emergency arbitrator must render a decision within 10 days of appointment (extendable by the Case Management Office on reasoned request). The emergency arbitrator has the same powers as vested in the constituted tribunal, including authority to decide jurisdictional issues and to order any interim measures deemed appropriate. Source: Mayer Brown analysis, ibid; and Akin Gump, ‘arbitrateAD Rules Match Pace Set in Regional Centres’, available at: Akin Gump 
14. arbitrateAD Arbitration Rules 2024, Article 34 (Preliminary Measures) and Article 35 (Emergency Arbitrator). Notably, parties may file an emergency arbitrator application before submitting the Request for Arbitration — a feature that enables urgent action before the formal commencement of proceedings. However, the Request for Arbitration must be filed within 30 days of the emergency arbitrator’s decision. Source: Kluwer Arbitration Blog, arbitrateAD Rules analysis 
15. The enforceability of emergency arbitrator orders varies by jurisdiction. In practice, the majority of parties comply voluntarily with emergency decisions, partly because non-compliance reflects adversely on a party during the merits phase, and partly because the tribunal may award damages for non-compliance under ICC Rules Article 29(4). In the UAE, Article 55 of the Federal Arbitration Law and Article 30 of the ADGM Arbitration Regulations provide for the recognition and enforcement of interim measures and partial awards, supporting enforcement of emergency orders. Source: Norton Rose Fulbright, Pro-enforcement predilection; and Hughes Hubbard analysis 
16. UAE Federal Arbitration Law, Federal Law No. 6 of 2018 (as amended by Federal Law No. 15 of 2023), Article 21: arbitral tribunals may grant interim or precautionary measures at the request of a party. Article 39(1) provides that tribunals may issue interim awards or partial awards. Article 55: While UAE law recognises interim measures and arbitral awards, the enforceability of emergency arbitrator orders in onshore UAE courts remains an evolving area and should be assessed on a case-by-case basis. Source: Lexology arbitration formalities UAE 
17. DIFC Arbitration Law, DIFC Law No. 1 of 2008 (as amended), Article 24: unless otherwise agreed, the arbitral tribunal may, at the request of a party, grant interim measures. The DIFC Court’s supervisory powers include granting interim measures, staying proceedings, and assisting in taking evidence (Articles 14 and 15 of DIFC Law No. 2 of 2025; Article 24 of the DIFC Arbitration Law). Source: CMS DIFC arbitration guide; and Herbert Smith Freehills, DIFC Courts 2025 
18.  ADGM Arbitration Regulations 2015 (as amended by Amendment No. 1 of 2020), Section 31: the ADGM Court has broad powers to order interim measures in support of arbitrations seated in the ADGM, including ex parte orders in cases of genuine urgency (Sections 31(4) and (5)). These powers mirror those under the UNCITRAL Model Law. See also footnotes 10 and 11 above. Source: ADGM, Arbitration Regulations 2015 (as amended), available at: en.adgm.thomsonreuters.com. 
19. DIAC Arbitration Rules 2022, Article 20.2: all meetings and hearings may be conducted ‘at any place, be it in person, by telephone or through any other appropriate means of virtual communication.’ Awards may be signed electronically under Article 20.3. The DIFC Arbitration Law and ADGM Arbitration Regulations similarly support remote proceedings. Source: Vinson & Elkins DIAC 2022 analysis 
20. In 2025, two landmark UAE judicial developments removed procedural barriers to award enforcement. First, the UAE courts held that interim measures ordered by arbitral tribunals should not be second-guessed by courts at an early stage, and judicial intervention should only occur at the enforcement stage (in line with the Federal Arbitration Law). Second, Federal Decision No. 1 of 2025 resolved conflicting interpretations on the formal validity of arbitral awards, eliminating technical challenges based on signature formalities. Source: Al Kabban & Associates analysis 
21. The DIFC Courts’ strong enforcement track record is well documented. In 2024, the DIFC Court of First Instance rejected an application to set aside a DIFC-seated USD 1.6 billion ICC award, confirming that annulment is confined to violations of the UAE’s most basic principles of law and morality. In late 2025, two further judgments confirmed the DIFC Courts’ commitment to upholding arbitration agreements and enforcing awards, including the continuation of injunctions in support of DIFC-seated arbitrations. Sources: Covington & Burling, ‘International Arbitration in the Middle East: 2024 in Review’ (January 2025): Covington; Herbert Smith Freehills, ‘DIFC Courts double down on arbitration’ (December 2025): HSF 
22. The UAE acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 on 21 August 2006. The Convention provides for the recognition and enforcement of arbitral awards in over 170 signatory states, making UAE-seated awards enforceable across the global commercial landscape. Source: UNCITRAL New York Convention