业务资讯
阿布扎比国际仲裁中心（arbitrateAD）及新仲裁规则简介
中东地区位于五海三洲之地，是“丝绸之路经济带”和“21世纪海上丝绸之路”的重要节点，在“一带一路”倡议中占据关键枢纽位置。多年来，中国与中东国家在商业贸易、基础设施建设等领域合作不断加深，形成一批批标志性惠民项目。沙特阿拉伯作为中东地区最大的经济体，在贸易、金融、能源等领域商业活动活跃。
经济贸易的蓬勃发展往往伴随着各类争议的产生。仲裁作为国际通行的争议解决机制，在跨境商事纠纷处理中展现出独特优势。近年来，阿联酋仲裁法的颁布、阿曼商事仲裁中心（OAC）的成立、迪拜国际仲裁中心（DIAC）及沙特商事仲裁中心（SCCA）规则的修订，推动了中东地区仲裁体系的完善。作为中东重要商业中心的阿布扎比，其商事调解和仲裁中心（ADCCAC）仲裁规则已逾十年未修订，面对日益增长的国际商事纠纷解决需求，规则的更新优化尤为必要。
2023年11月30日，阿布扎比工商会（Abu Dhabi Chamber of Commerce & Industry）董事会通过第75号决议，决定对阿布扎比商事调解和仲裁中心（ADCCAC）重组，并将其更名为阿布扎比国际仲裁中心（arbitrateAD）。过渡安排上，已有案件继续根据阿布扎比商事调解和仲裁中心（ADCCAC）规则处理；2024年2月1日起新提交的案件，根据阿布扎比国际仲裁中心（arbitrateAD）公布的新仲裁规则受理。阿布扎比国际仲裁中心（arbitrateAD）的设立标志着中东地区仲裁体系的完善，将进一步提升其作为区域性争议解决枢纽的竞争力。
新仲裁规则通过以下部分创新举措，实现了国际标准与中东实践的高效融合：
一、强化仲裁庭的权力（第31条、第33条）
新仲裁规则强调仲裁庭在管理仲裁程序及证据方面拥有“最广泛的权力”。例如，第31(3)条规定仲裁庭有权决定仲裁的时间表和程序，分步审理、排除累积的或不相关的证据，决定是否听取当事人的证人、专家证人或任何其他人的证言，在与当事人协商后有权指定一名或多名专家，以及指示当事人重点就仲裁庭认为相关的问题陈述案情。
二、紧急仲裁员程序（第35条）
鉴于中东地区部分司法辖区当事人难以从当地法院获得临时救济的情况，新仲裁规则首次引入了紧急仲裁员程序，允许当事人在仲裁庭组成前获得紧急临时救济，以维护其权利或避免不可弥补的损害。
三、小额争议简易程序（第36条）
对争议金额不超过900万阿联酋迪拉姆（约合245万美元）的案件，适用简化的审理流程以提高效率，包括采用独任仲裁庭、最终裁决需从案件材料提交至仲裁庭之日起四个月内作出且延长时限不得超过两个月、特殊情况下可仅根据书面证据裁决争议等。
四、采取现代技术优化流程（第33(2)条、第41 (4)条）
仲裁庭可使用具有验证签字人身份功能的先进软件对裁决进行电子签名并有权酌情决定以线上、线下或混合形式进行庭审。
阿布扎比国际仲裁中心（arbitrateAD）的设立及新规则的实施，不仅回应了中东商业纠纷的特殊性，更通过制度创新提升了程序灵活性与确定性，有望吸引更广泛的国际争议选择该中心管辖，进一步推动阿联酋在全球仲裁格局中的影响力。
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1.阿布扎比国际仲裁中心（arbitrateAD）仲裁示范条款
Any disputes, controversies, or claims of any nature (contractual or non-contractual), arising out of or having a connection with this contract, including, inter alia, the execution, interpretation or termination of the contract, (“Disputes”), shall be referred to and finally resolved by arbitration in accordance with the Rules of Arbitration of the Abu Dhabi International Arbitration Centre (“Rules”).
2.以上引述新仲裁规则原文，链接https://www.arbitratead.ae/files/arbitration-rules.pdf
Article 31 - Burden of Proof and Evidence
1. Each party bears the burden of proving the facts relied upon in support of its Claims or defences in the arbitration.
2. After affording the parties a reasonable opportunity to be heard and unless otherwise agreed by the parties, the Tribunal shall decide upon the applicable rules of evidence and shall determine the relevance, materiality and admissibility of all evidence as it considers appropriate.
3. The Tribunal has the broadest powers to administer the proceedings and the taking of evidence, and has, inter alia, the power to direct the timetable and procedure of the arbitration; bifurcate proceedings; convene meetings, case management conferences, or hearings; direct the taking of evidence; exclude cumulative or irrelevant evidence; decide to hear witnesses, expert witnesses appointed by the parties or any other person(s); appoint one or more experts, after consulting with the parties; and direct the parties to focus the presentation of their case on issues that are deemed by the Tribunal to be relevant.
4. At any time during the arbitration, the Tribunal may request any party to provide additional evidence or materials.
5. If any party fails to file a submission or to provide evidence within the time limits directed by the Tribunal, the Tribunal may determine the consequences of such failure as it deems appropriate.
6. The Tribunal shall afford the parties reasonable notice prior to any meeting, case management conference, or hearing.
Article 33 - Hearings
1. Unless the parties have expressly agreed in writing to a documents-only arbitration, the Tribunal shall, upon the request of a party, or if the Tribunal considers it appropriate taking into account all relevant circumstances, hold one or more hearings for the presentation of evidence and/or oral submissions.
2. The Tribunal shall have full authority over the conduct of the hearing and, prior to any hearing, shall take steps to organise the conduct of such hearing in consultation with the parties, including, inter alia:
i.the date, time, and Venue of the hearing;
ii.the mode of hearings, e.g., physical attendance, remotely by videoconference, modern electronic technologies, or other appropriate means of communication;
iii. the mode, order and duration of witness and/or expert testimony and number of witness(es) and expert(s);
iv. the hearing sequence;
v. the allocation of time;
vi. the attendees;
vii. transcription;
viii. the preparation of exhibits and hearing bundles; and
ix. the use of technology.
3. The parties shall be entitled to attend the hearing themselves and through their duly authorized legal or other representatives.
4. If a party fails to attend a meeting or hearing without sufficient justification, the Tribunal may proceed with the meeting or hearing (as the case may be). The Tribunal may postpone any meeting or hearing upon agreement by the parties, upon the request of a party for good cause shown, or upon the Tribunal’s own volition. The Tribunal shall not draw any inference from the non-attendance of a party, unless the non-attending party fails to show good cause or provide sufficient justification for their failure to attend.
Unless otherwise agreed by the parties, all meetings, case management conferences and hearings shall be held in private.
Article 35 - Emergency Arbitrator
1. A party seeking urgent Preliminary Measures prior to the constitution of the Tribunal may file an application for the appointment of an Emergency Arbitrator with the Case Management Office, irrespective of whether the party making the application has already submitted its Request.
2. If a Request is not submitted concurrently with the application for the appointment of an Emergency Arbitrator, it must be filed within 30 days from the Emergency Arbitrator’s decision. If no such Request is filed within 30 days, the Emergency Arbitrator’s decision shall cease to be binding.
3. An application pursuant to Article 35(1) shall include:
i. the relief sought and the reasons therefore;
ii. a summary of the relevant facts and the nature of the Dispute;
iii. any relevant agreement(s) or contract(s), including the Arbitration Agreement; and
iv. comments on the Seat of the emergency proceedings, the applicable law(s) and the language(s) of the proceedings.
4. Any application pursuant to Paragraph 1 above shall be accompanied by a payment of a non-refundable fee as set out in the Schedule of Fees, in anticipation of the costs of the Emergency Arbitrator application. The Court shall have the authority to adjust this fee after considering all relevant circumstances.
5. If the Court is prima facie satisfied that the Centre has jurisdiction to administer the arbitration, the Court shall appoint an Emergency Arbitrator. The Court shall endeavour to do so within one day of receipt by the Case Management Office of the application and proof of payment of the requisite fee.
6. The Seat of arbitration as agreed by the parties shall also be the Seat for any emergency arbitration pursuant to this Article. Failing such an agreement, the Seat of any such emergency arbitration shall be the ADGM, unless the Court decides otherwise considering all the relevant circumstances.
7. A prospective Emergency Arbitrator shall disclose to the Court any circumstances which may give rise to justifiable doubts regarding their impartiality or independence. Any challenge to an Emergency Arbitrator shall be made within two days of the communication of the appointment of the Emergency Arbitrator by the Case Management Office to the parties.
8. Unless otherwise agreed by the parties, an Emergency Arbitrator shall not be appointed as an arbitrator in any arbitration(s) concerning the Dispute subject to the emergency arbitration.
9. Article 20(3) shall apply to the emergency proceedings, taking into account the urgency inherent in such proceedings.
10. The Emergency Arbitrator shall have the same powers as vested in the Tribunal, including authority to decide any issues as to their own jurisdiction.
11. The Emergency Arbitrator may make their ruling(s) in the form of an Order or an Award. In all cases, the Emergency Arbitrator shall provide summary reasons for their ruling in writing.
12. The Emergency Arbitrator may order any Preliminary Measures they deem appropriate on an interim basis, pending written submissions of the parties or a hearing. In all cases, the Emergency Arbitrator shall provide summary reasons for their decision in writing. Such a preliminary Order may be vacated or modified by the Emergency Arbitrator if deemed appropriate.
13. The Emergency Arbitrator shall rule on an application for Preliminary Measures within ten days from the date of their appointment. In exceptional circumstances, such time limit may be extended by the Case Management Office upon a reasoned request of the Emergency Arbitrator. Any Order or Award issued by the Emergency Arbitrator shall be subject to approval as to its form by the Registrar, who may refer the matter for approval by the Court in appropriate cases.
14. The Emergency Arbitrator may require a party seeking an Award or Order of Preliminary Measures to provide security.
15. The Emergency Arbitrator, in its Award or Order, may allocate the costs associated with any application for Preliminary Measures, including the costs of the proceedings as well as legal fees and expenses, subject to the Tribunal’s authority to determine the final apportionment.
16. The appointment of the Emergency Arbitrator shall be considered revoked following the constitution of the Tribunal.
17. The decision of the Emergency Arbitrator shall cease to be binding if:
i. the Emergency Arbitrator or the Tribunal so decides;
ii. the Tribunal makes a final Award; or
iii. a Request is not filed within 30 days from the date of the Emergency Arbitrator’s decision pursuant to Article 35(2).
18. The Tribunal may reconsider, modify, and/or vacate any Order or Award made by the Emergency Arbitrator if it finds it to be appropriate. The Tribunal shall not be bound by any Award or Order made by the Emergency Arbitrator.
Article 36 - Expedited Proceedings
1. Unless the parties have expressly agreed otherwise, the Expedited Proceedings procedures set forth in this Article shall apply if the amount in controversy does not exceed 9,000,000 AED, representing the aggregate of all Claims and Counterclaims.
2. Expedited arbitrations shall be subject to the following procedures, which shall prevail over contrary provisions of these Rules:
i. the Request shall also constitute the Statement of Claim;
ii. the Answer shall constitute the Statement of Defence;
iii. if a Counterclaim is made, the Claimant’s reply to the Counterclaim shall constitute the Statement of Defence to Counterclaim;
iv. the case shall be referred to a sole arbitrator who shall be appointed in accordance with Article 13(5);
v. Article 11, Article 12, and Article 24 shall not apply;
vi. the Arbitrator shall conduct the arbitration in accordance with Article 20 (3), taking into account the expedited nature of the proceedings;
vii. when it deems it to be appropriate, and in consultation with the parties, the Tribunal may decide the Dispute solely on the basis of documentary evidence;
viii. the final Award shall be made within four months from the date the case file is submitted to the Tribunal. The Case Management Office may extend such time limit pursuant to a reasoned request by the Tribunal, provided however that such extension shall not exceed an additional two months; and
ix. the Tribunal shall state the reasons upon which the final Award is based in summary form.
3. Unless otherwise agreed by the parties, the Tribunal may, on the application of a party or on its own volition, after affording the parties a reasonable opportunity to be heard, request the Court not to apply the Expedited Proceedings procedures set out in this Article regardless of the criteria in Paragraph 1 above being met. Any such decision by the Court shall be made only in exceptional circumstances, where required by due process and fairness.
4. Unless otherwise agreed by the parties, the Tribunal may, on the application of a party or on its own volition, after affording the parties a reasonable opportunity to be heard, request the Court to apply the Expedited Proceedings procedures set out in this Article regardless of the criteria in Paragraph 1 above being exceeded.
5. Either before or after the filing of a Request, the parties may agree to modify the procedures and timeline established by Paragraph 2, in which case the fees may be adjusted. If any such modifications are made before the filing of the Request, the Claimant shall inform the Case Management Office when the Request is filed, or if modifications are made thereafter, the parties shall inform the Case Management Office, as well as the Tribunal if it has been constituted.
Article 41 - Form, Effect and Enforceability of Awards
1. The Tribunal may make a single Award ruling on all Disputes, Claims and Counterclaims in the arbitration, or separate Awards ruling on different issues or parts of the Claims or Counterclaims. Any separate Awards may take the form of interim or partial Awards.
2. Any Award shall be made in writing and shall be final and binding on the parties.
3. Reasons shall be given in the Award for the Tribunal’s decisions, unless the Award is made by consent pursuant to Article 44 or the parties agree otherwise.
4. The Award shall be signed by each member of the Tribunal, and, where required by law, shall be signed on each page. Awards may be signed electronically by the Tribunal (including by using software which provides for the digital verification of the signatory’s identity and their intent to sign the document), if deemed appropriate, taking into account all relevant circumstances, including but not limited to the applicable law(s).
5. Awards may be signed in counterparts. If an arbitrator fails to sign an Award, the signatures of the majority of the arbitrators shall be sufficient, provided that the reason for the omission of the signature is stated in the Award.
6. The Award shall include, inter alia, the following:
i. the Seat of arbitration under Article 23, which shall be deemed the place where the Award is made even if it is signed by the Tribunal elsewhere;
ii. the date of the Award;
iii. the names, addresses and nationalities of the arbitrator(s);
iv. the names and addresses of the parties;
v. a summary of the principal procedural steps in the arbitration, which may be in the form of an annex to the Award;
vi. a summary of the parties’ Claims, defences, and principal submissions;
vii. the decision and reasoning of the Tribunal;
viii. a decision on which party(ies) shall bear the costs of the arbitration and any allocation of the parties’ legal costs and expenses;
ix. the relief granted by the Tribunal, including any Awards of monetary or other relief and any Award of costs; and
x. signature(s) of the sole arbitrator or members of the Tribunal.
7. When making an Award, the Tribunal shall consult the Award Checklist.
8. If any arbitrator fails, without good cause, to participate in the deliberations of the Tribunal on any issue, such failure will not preclude a decision being taken by the other arbitrators.
9. Once the Award has been signed, it shall be delivered in digital form to each of the parties and it shall be considered an original Award for all relevant purposes. At the request of any party, the Centre shall transmit a physical copy of the Award to each party.
10. Any dissenting arbitrator or arbitrators may issue a dissenting opinion, which shall be attached to the Award, unless attachment to the Award would lead to undue delay of its issuance. In such circumstances, the dissenting opinion shall be transmitted to the parties upon its completion in the manner prescribed under Article 41(9).
11. By submitting their Dispute to arbitration under the Rules, the parties undertake to comply with any Order or Award issued by the Tribunal or the Emergency Arbitrator without delay.
12. The parties shall be deemed to have waived their rights to any appeal, recourse or defence against the Award save for the requests pursuant to Articles 42 and 43, including before any state court or other judicial authority, insofar as such waiver can be validly made.