Law & Arbitration · Arbitration
Arbitration Agreements
Arbitration agreements tested for validity, scope and arbitrability — and repaired before they are needed.
Handle reviews, remediates and negotiates arbitration agreements for boards, family enterprises and private capital in the UAE — testing whether existing agreements are valid, what they cover and whether they will hold in onshore, DIFC and ADGM courts when a dispute arrives.
When this is needed
Arbitration agreements in the UAE: where the review begins.
- A portfolio of legacy contracts contains dispute clauses of uneven quality, and none has been audited.
- A counterparty has challenged an arbitration agreement on validity, authority or scope.
- A family constitution, shareholders’ agreement or trust structure needs a dispute mechanism that preserves privacy.
- A financing or security package must be enforceable in a predictable forum on default.
Matters Handle leads
Agreements that decide who controls the dispute.
Four review and remediation mandates. Each aimed at an agreement that holds.
Portfolio Audits
Existing clauses classified by risk and repaired.
Validity & Scope Challenges
Agreements defended or contested before courts and tribunals.
Family & Shareholder Frameworks
Private, credible forums within governance documents.
Lender & Security Alignment
Dispute terms matched across finance documents.
The scope
Arbitration Agreements — scope, made explicit.
A focused, premium mandate — with a valid, enforceable arbitration agreement at the center.
Validity Review
Written form, consent and authority confirmed.
Arbitrability Check
Matters reserved to the courts identified.
Remediation
Amendments, restatements and addenda executed.
Multi-Tier Clauses
Pre-arbitration steps made clear and workable.
Onshore and Free-Zone Interface
Agreements read against each court system.
The mandate
An agreement is only as strong as its weakest term.
Under the UAE Federal Arbitration Law, an arbitration agreement must be in writing and made by a person with authority to agree to arbitrate. Ambiguous wording, an unclear signatory, a subject matter reserved to the courts or a conflicting clause elsewhere in the deal can each give a counterparty grounds to resist arbitration or enforcement.
Handle reviews existing agreements against these points, ranks them by exposure and remediates where the counterparty will sign. Where renegotiation is not possible, Handle maps the residual risk and prepares the position that will be taken if the agreement is challenged.
What the mandate delivers
- Portfolio review of existing agreements
- Validity, authority and scope analysis
- Arbitrability and public policy assessment
- Amendment and restatement documents
- Multi-tier clause redesign
- Defence of agreements under challenge
How the work runs
Four disciplines. One reliable agreement.
Every mandate is run with validity testing, risk ranking, remediation and challenge readiness.
01
Test Validity
Form, consent, authority and scope examined.
02
Rank the Risk
Agreements classified by exposure and value.
03
Remediate
Weak terms replaced by signed amendments.
04
Prepare for Challenge
Residual risk mapped and positions set.
The Handle model
Practice-led. Never fragmented.
The matter may begin here — it stays connected to strategy, capital and law.
Strategy & Operations
The work stays connected to market position, operating model, performance and execution governance.
M&A & Capital
The work stays aware of capital readiness, investor review, transaction logic and deployment discipline where relevant.
Legal & Regulatory
The work stays protected through structure, rights, governance, enforceability and regulatory or dispute readiness.
Why Handle
Agreements reviewed before a counterparty does it.
Most arbitration agreement problems are found only when a dispute begins — Handle audits and repairs them while the parties are still cooperating.
- Command of UAE arbitration law requirements
- Onshore, DIFC and ADGM court perspective
- Remediation across legacy portfolios
- Family and shareholder governance experience
- Finance and security document alignment
- Partner review, not template checking
Good litigation is disciplined project management. Clear filings, clean evidence, and a hearing plan that your board understands. That is how outcomes travel from courtroom to cash.
Hamda Al FalasiPartner, Law & Arbitration
Engagement paths
Where this work typically begins.
Growth & Expansion
When the asset must scale capacity, geography, capital, partnerships or market share.
Turnaround
When the asset must reset structure, capital, law, governance and operations under pressure.
Coverage
Arbitration seated in the UAE — and enforced where assets sit.
Handle reviews and defends arbitration agreements from Dubai for corporates, family enterprises, lenders and investors, with agreements tested against UAE onshore law, the DIFC and ADGM regimes and the New York Convention.
Forums · Courts & arbitration
Arbitration · Related mandates
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Questions, answered
Arbitration Agreements — questions, answered.
How Handle approaches arbitration agreements in the UAE.
What makes an arbitration agreement valid under UAE law?
It must be in writing, reflect clear consent to arbitrate and be made by a person with authority to bind the party, among other requirements.
Does the signatory need specific authority to agree to arbitration?
Authority to agree to arbitration is a recognised issue in the UAE, so the signatory’s power is checked against the company’s constitutional documents and any power of attorney.
Can every dispute be arbitrated in the UAE?
No. Some matters are reserved to the courts or touch public policy, and those limits are identified before relying on arbitration.
Can a weak arbitration clause in an existing contract be fixed?
Yes, by an amendment, restatement or separate arbitration agreement signed by all parties.
Can parties agree to arbitrate after a dispute has arisen?
Yes. A submission agreement made after the dispute arises is a recognised form of arbitration agreement.
Is an arbitration clause separate from the main contract?
It is generally treated as independent, so a challenge to the main contract does not automatically invalidate the arbitration clause.
What happens if two contracts in one deal have conflicting clauses?
Conflicts can lead to parallel proceedings or jurisdictional disputes, which is why related contracts are reviewed together.
How do arbitration agreements work in family enterprises?
Embedded in family constitutions and shareholder documents, they provide a private forum for disputes that would otherwise be heard in open court.
Are multi-tier dispute clauses advisable?
They can be, if the pre-arbitration steps are clearly defined with fixed time limits so they cannot be used to block arbitration.
Insights
Perspectives from live mandates.
Partner-led analysis on law, capital and strategy, shaped by boardroom realities across the UAE and the GCC.
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Work with Handle
Begin with Arbitration Agreements — kept connected to the whole Handle model.
When existing arbitration agreements need to be relied upon.
Request an initial review
When an arbitration agreement must hold.
Set out the matter. A partner reviews it and responds with a defined route, strategy and accountable lead.
- Partner-level review of every request
- Strict confidentiality and privilege from first contact
- One accountable partner from review to execution
