Arbitration has become the preferred method of dispute resolution in construction contracts in UAE. Considering the complexity, technical nature, and high financial risks involved in construction projects, parties often choose arbitration for its confidentiality, flexibility, and industry-specific expertise. However, despite the existence of arbitration clauses, UAE courts continue to play an important supervisory and supportive role in arbitration proceedings, particularly in matters requiring urgent intervention.

Legal Framework Governing Court Intervention

The relationship between arbitration and court in UAE is primarily governed by the UAE Federal Arbitration Law, namely Federal Law No. 6 of 2018, along with relevant provisions of the UAE Civil Procedure Code. While arbitration aims to reduce judicial interference, the law recognises that certain situations require the assistance of national courts to preserve rights and maintain the effectiveness of the arbitral process.

One of the most significant provisions in this regard is Article 18 of the UAE Arbitration Law. This article expressly grants jurisdiction to the competent court to consider arbitration-related matters and authorises the court president, upon request of a party or the arbitral tribunal, to order provisional or precautionary measures before or during arbitration proceedings. Importantly, Article 18 clarifies that seeking such judicial relief does not amount to a waiver of the arbitration agreement and does not suspend the arbitral proceedings.

Interim Measures in Construction Disputes

In construction disputes, interim court intervention is often necessary because waiting for the constitution of the arbitral tribunal may cause irreparable harm. Construction projects involve ongoing works, substantial financial obligations, bank guarantees, subcontractor arrangements, and time-sensitive performance obligations. A delay in obtaining urgent relief may seriously prejudice one party’s rights.

For example, contractors frequently approach UAE courts seeking precautionary attachment orders to secure unpaid dues or prevent dissipation of assets. Similarly, employers may seek urgent orders preserving project documents, preventing unlawful encashment of performance guarantees, or maintaining the status quo pending arbitration. In such situations, the court acts not as a substitute for arbitration, but as a protective mechanism supporting the arbitral process.

Role of the UAE Civil Procedure Code

Article 21 of the UAE Civil Procedure Code further strengthens the court’s authority by confirming that UAE courts have jurisdiction over summary and precautionary measures, even where they do not possess jurisdiction over the substantive dispute itself. This provision is particularly relevant in arbitration matters seated in the UAE, as it empowers local courts to issue enforceable interim measures within the country.

The combined effect of Article 18 of the Arbitration Law and Article 21 of the Civil Procedure Code reaffirms that UAE courts maintain jurisdiction over urgent matters connected to arbitration, particularly where immediate enforcement within UAE is necessary.

Important UAE Case Laws

UAE judiciary has consistently recognised the supportive role of courts in arbitration matters.

In Dubai Court of Cassation Case No. 247/2017, the court reaffirmed that the existence of an arbitration clause does not prevent a party from seeking urgent precautionary relief from national courts where immediate protection is required. The court observed that interim judicial measures are intended to preserve rights and ensure the effectiveness of future arbitral awards.

Similarly, in Dubai Court of Cassation Case No. 1/2020 (Commercial), the court confirmed that precautionary attachment orders may be granted despite the presence of an arbitration agreement, especially where there is a risk that assets may be dissipated or recovery may become difficult. The judgment marks UAE courts’ increasingly pro-arbitration approach while recognising commercial realities.

Another notable case regarding this matter is in Brookfield Multiplex Construction LLC v. DIFC Investments LLC, the DIFC Court acknowledged the authority of courts to grant interim relief in support of arbitration proceedings, particularly where urgent preservation of rights is necessary before the arbitral tribunal is fully constituted.

Balancing Arbitration and Judicial Support

Construction disputes frequently involve delays, payment defaults, defective works, variation claims, and termination disputes. In many situations, parties cannot wait for lengthy arbitral proceedings before obtaining urgent protection. UAE law therefore strikes a practical balance between respecting party autonomy in arbitration and ensuring access to judicial remedies where immediate intervention is justified.

At the same time, UAE courts generally avoid interfering with the substantive merits of disputes referred to arbitration. Judicial intervention is usually confined to procedural support, interim measures, enforcement assistance, appointment of arbitrators where required, and recognition or annulment of arbitral awards under the framework of the Arbitration Law.

Conclusion

The modern UAE arbitration framework shows the country’s strong commitment to become a leading arbitration hub in the region. UAE courts no longer treat arbitration as conflicting with judicial authority; instead, they recognise arbitration as a complementary dispute resolution mechanism that occasionally requires judicial assistance.

Although arbitration clauses in construction contracts are intended to minimise court involvement, UAE law clearly permits limited and necessary judicial intervention in appropriate circumstances. Through Article 18 of the UAE Arbitration Law and Article 21 of the Civil Procedure Code, UAE courts retain the power to grant urgent interim measures that preserve rights and protect the effectiveness of arbitral proceedings. This balanced and arbitration-friendly approach continues to strengthen confidence in UAE’s dispute resolution system for construction and commercial disputes.

Our team, Ayesha Aldhaheri Advocates and Legal Consultants, provides professional legal advice on arbitration matters, jurisdictional challenges, and the enforcement of arbitral awards in the UAE. We are committed to offering clear guidance and comprehensive legal support to ensure that parties’ rights are fully protected throughout every stage of the arbitration process.