arbitrateAD’s Inaugural Biennial Report: Caseload Trends and New Procedural Rules

arbitrateAD (the Centre) has reported impressive growth after two years of operation (with the Centre administering 105 matters in this period, including 76 arbitration proceedings) and a number of notable procedural developments.

Earlier this year, the Centre also introduced new Mediation Rules and Adjudicator Appointment Rules, expanding its offering beyond arbitration into broader dispute management and dispute resolution mechanisms.

Caseload Statistics

The Centre's investment in procedural innovation and enhancing its international profile has translated into marked progress in its caseload statistics since its inception in February 2024. Notable examples include: 

• Overall case statistics. As at the date of the Report, the Centre administered a total of 105 matters. Arbitration proceedings accounted for the majority of these cases, with 76 arbitrations in total, alongside 24 requests from the Abu Dhabi Judicial Department for arbitrator nominations, four appointing authority requests, and one conciliation matter.
• Year-on-year growth. The Centre recorded a 38% increase in arbitration filings between its first and second years of operation. While the overall numbers remain modest compared to longer-established international institutions, the rate of growth is notable for a new arbitral centre operating within a competitive regional market.
• Sectoral breakdown. Construction and real estate disputes accounted for more than two-thirds of the Centre's caseload. Construction disputes represented 50% of cases, with real estate accounting for a further 18%. Commercial disputes, professional services disputes, and matters arising from other sectors made up the remainder of the caseload.
• Gender diversity. Female representation among Court appointments stood at 43%, compared with 19% in party appointments. That disparity mirrors trends seen across a number of international arbitral institutions, where institutions have generally moved more quickly than parties in increasing gender diversity among arbitrator appointments.
• Languages. English remained the predominant language of proceedings, although the report notes that 16% of cases were conducted in Arabic. That figure is likely to increase following the publication of the official Arabic version of the Arbitration Rules and may indicate growing engagement from regional users seeking Arabic-language arbitral processes.

Procedural Innovations: Launch of the Adjudicator Appointment and Mediation Rules

At its 2026 Annual Court Summit, the Centre introduced two new sets of procedural rules: the Mediation Rules and the Adjudicator Appointment Rules. These new rules expand the range of dispute resolution services administered by the Centre and indicate a broader institutional focus extending beyond arbitration alone.

The Mediation Rules

The Mediation Rules establish an institutionally administered mediation framework designed to promote both procedural efficiency and enforceability. The process is structured on an expedited basis, requiring a preliminary meeting within 10 business days of the mediator's appointment. The Rules also expressly allow mediation to proceed in parallel with arbitral or other proceedings, enabling parties to pursue settlement discussions concurrently without prejudice to the formal processes.

The confidentiality provisions are extensive and include an express prohibition on AI-generated or digital recordings of mediation sessions. This provision reflects the practical realities of modern dispute resolution practice and concerns related to the use of generative AI technologies in confidential proceedings.

The Mediation Rules are designed to facilitate international enforceability.  Settlement agreements reached under the Mediation Rules are capable of being recorded as consent awards that are enforceable under the New York Convention. Additionally, the framework is aligned with the Singapore Convention, a multilateral treaty that provides for the international enforcement of settlement agreements and which the United Arab Emirates has previously indicated its intention to join.

The Adjudicator Appointment Rules

The Adjudicator Appointment Rules introduce a streamlined framework through which the Court of Arbitration may act as appointing authority for adjudicators, Dispute Adjudication Boards, and Dispute Boards.

When making appointments, the Court is required to consider matters including technical expertise, relevant industry experience, language capability, independence, and impartiality. Appointed adjudicators are subject to ongoing disclosure obligations and a challenge mechanism that closely mirrors the framework under the Arbitration Rules. In addition, adjudicators appointed under the Rules are precluded from acting in subsequent arbitration or related proceedings concerning the same subject matter. The framework therefore expands and diversifies the Centre's offering in construction and infrastructure disputes while maintaining procedural safeguards designed to protect the integrity of the process.

Building International Relationships

Alongside its procedural developments, the Centre continued to invest in its international profile through participation in industry events, institutional partnerships, and broader engagement initiatives, including by becoming an institutional supporter of the Green Pledge, the Equal Representation in Arbitration Pledge, and the Racial Equality for Arbitration Lawyers initiative. 

The Centre also entered into a memorandum of understanding with the Abu Dhabi Projects and Infrastructure Centre (ADPIC), aimed at supporting dispute avoidance and adjudication mechanisms within major infrastructure projects. Under the arrangement, the Centre will act as the appointing authority for adjudicators and Dispute Avoidance and Adjudication Boards under ADPIC's Capital Projects Standard Contracts, while also serving as the designated arbitral institution under those contracts. The arrangement is notable given the scale of infrastructure development currently underway in Abu Dhabi and the increasing use of standing dispute boards in major regional construction projects.

Comment

arbitrateAD's inaugural biennial report presents a picture of an institution that has expanded its activity levels impressively during the two years since its inception. The reported 38% increase in arbitration filings between Year 1 and Year 2 (albeit from a low base) suggests a growing level of market engagement with the Centre, particularly within its core regional sectors. Corporate users will be interested in whether arbitrateAD publishes data about the amount in dispute in future years, as this provides some insight into whether the caseload is comparable to their needs.

The dominance of construction and real estate disputes reflecting both the economic profile of Abu Dhabi and the wider Gulf market, where large-scale infrastructure and development projects continue to generate substantial volumes of arbitration and adjudication work. At the same time, the breadth of arbitrator nationalities and the Centre's increasing participation in international arbitration events suggest an intention to position itself as a forum capable of attracting a broader range of cross-border disputes over time.

Beyond the headline caseload figures, the more significant developments may lie in the Centre's procedural and institutional expansion. The introduction of the Mediation Rules and Adjudicator Appointment Rules reflects a move toward offering a more comprehensive dispute resolution framework extending beyond arbitration alone. That development is particularly relevant in the context of construction and infrastructure disputes, where dispute boards, adjudication mechanisms, and parallel mediation processes are increasingly common features of project dispute management

The report reflects an institution that is continuing to develop both its procedural offering and its market profile while operating within an increasingly competitive regional arbitration landscape. For arbitration practitioners with interests in the Middle East, and particularly in construction and infrastructure disputes, the Centre's development trajectory will be closely monitored in the coming years.