Article 33 of Dubai Tenancy Law: Appointing Arbitrators When the Mechanism Fails
Article 33 of Dubai's tenancy law is a quiet but useful provision: it stops an agreed arbitration from collapsing simply because the parties cannot agree on who the arbitrators are, or because an agreed arbitrator drops out. It works hand in hand with Article 32, which recognises an arbitration agreement in a tenancy contract. Where such an agreement exists but its appointment machinery jams, Article 33 gives either the landlord or the tenant a single, clean answer — ask the Rental Disputes Centre to appoint the arbitrator or arbitrators so the process can move. This page explains what the article says, what it means in practice, when it switches on, and how it reads from both the landlord's and the tenant's side.
- Article 33 applies only where the parties already agreed to arbitrate their tenancy dispute (Article 32)
- If they cannot agree on the arbitrators, or an agreed arbitrator drops out, either party may ask the Tribunal to appoint
- The Tribunal appoints or completes the arbitrators to match the number the parties agreed
- The point is to keep a valid arbitration from failing over a deadlock in appointment
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Who appoints the arbitrators when the parties cannot?
The Rental Disputes Centre does. Where the landlord and tenant agreed to arbitrate their tenancy dispute but cannot agree on who the arbitrators are — or an agreed arbitrator refuses to act, resigns, is removed, is disqualified, or is otherwise prevented from working, and nothing else is agreed to fill the gap — Article 33 lets either party ask the Tribunal to appoint the arbitrator or arbitrators.
Article 33 sits inside Law No. 26 of 2007 as amended by Law No. 33 of 2008, the statute that governs every residential and commercial tenancy in Dubai. It is a support rule, not a rule that decides who wins. It does one narrow, practical job: when an agreed route to arbitration stalls at the very first step — naming the people who will hear the case — the law provides a neutral body to break the deadlock instead of letting the arbitration die on the spot.
The word "Tribunal" in the law is the specialised judicial body for tenancy cases in Dubai. Today that body is the Rental Disputes Centre, part of Dubai Land Department, established by Decree No. 26 of 2013 in place of the former Rent Committee. So when Article 33 says the Tribunal appoints the arbitrators, it means a party files a request at the Rental Disputes Centre and the Centre names the arbitrator or arbitrators needed for the arbitration to proceed.
What Article 33 actually says
In plain terms, Article 33 provides that where a dispute has arisen and the landlord and tenant have not agreed on the arbitrators — or one or more of the arbitrators they did agree on refrains from the work, resigns, is removed or disqualified, or an obstacle arises that prevents an arbitrator from doing the work — and the parties have made no agreement covering that situation, then the Tribunal, at the request of either party, appoints the arbitrator or arbitrators. The number the Tribunal appoints must be equal to, or complete, the number of arbitrators the parties agreed on.
Read carefully, the article has two moving parts. The first is a list of things that can go wrong with appointment: the parties never settled on names, or a named arbitrator later falls away for any of several reasons. The second is the fix: on a request from either side, the Tribunal steps in and fills exactly the gap — no more arbitrators than the parties bargained for, and no fewer. It respects the shape of the arbitration the parties chose and only supplies what is missing.
What Article 33 means in practice
The practical purpose of Article 33 is to keep a chosen arbitration alive. Arbitration in a tenancy only happens when the parties have agreed to it, and that agreement is recognised by Article 32. But an agreement to arbitrate is worth little if the whole thing can be blocked by one side simply refusing to name an arbitrator, or by an agreed arbitrator resigning at an inconvenient moment. Article 33 removes that pressure point. It hands each party a way to move forward alone, through a neutral appointment, so a reluctant or absent counterpart cannot frustrate the process.
Two limits are worth keeping in view. First, Article 33 does not create an arbitration; it only rescues one the parties already chose. If a tenancy contract contains no arbitration agreement, there is nothing for Article 33 to complete, and the dispute is heard in the ordinary way by the Rental Disputes Centre. Second, Article 33 does not decide the dispute or judge the merits — it only fills the seats. The appointed arbitrators, once in place, run the arbitration; the Tribunal's job under this article ends with the appointment.
This is often called court assistance to arbitration, and it pairs naturally with Article 32. Article 32 lets the Tribunal issue interim measures to protect the parties' rights while an arbitration runs; Article 33 lets the same body appoint the arbitrators when the parties cannot. Together they let the law support a private arbitration without taking it over — a useful design, most often seen in commercial and higher-value leases where the parties have deliberately chosen to arbitrate.
The situations Article 33 covers
- No arbitrators agreed
- The parties agreed to arbitrate but never settled on who the arbitrators would be, so there is no panel to start the case.
- An arbitrator refuses to act
- An agreed arbitrator refrains from doing the work — declining the role or simply not proceeding — leaving the panel incomplete.
- An arbitrator resigns
- An agreed arbitrator steps down after accepting, whether before or during the arbitration, and the seat falls vacant.
- An arbitrator is removed or disqualified
- An agreed arbitrator is removed, or becomes disqualified from serving, so a replacement is needed for the panel to function.
- An obstacle prevents an arbitrator working
- Some issue arises that prevents an agreed arbitrator from carrying out the task, and the contract offers no way to resolve it.
- No fallback in the agreement
- In each case, Article 33 operates only where the parties made no agreement of their own to cover the failure — it fills a genuine gap, not a matter the contract already solves.
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Article 33 from each side
For the landlord
- If you agreed to arbitrate and the tenant will not name an arbitrator, you are not stuck — you can ask the Tribunal to appoint
- You cannot pack the panel: the Tribunal appoints only the number the two of you agreed on
- Article 33 applies only if a valid arbitration agreement exists; without one, the dispute goes to the Rental Disputes Centre directly
- Keep the arbitration clause and any correspondence about appointment — they define what the Tribunal is completing
For the tenant
- The same right is yours: if the landlord blocks appointment or an arbitrator drops out, you can ask the Tribunal to appoint
- A neutral appointment protects you from a panel skewed by one side's choices
- Check whether your contract actually contains an arbitration agreement before assuming Article 33 applies
- The appointment does not decide the case — it only lets the arbitration begin or continue
When Article 33 applies
A commercial lease says disputes go to a panel of three arbitrators, but the parties deadlock over the third name.
What is usually neededThe arbitration agreement is valid, so the dispute belongs in arbitration; the failure is only in appointment. Either party may ask the Tribunal to appoint the missing arbitrator so the panel is complete. The Tribunal supplies just the one seat needed to reach the agreed number of three.
A single agreed arbitrator resigns midway through the arbitration and the contract is silent on a replacement.
What is usually neededBecause the parties made no agreement covering a resignation, Article 33 applies. Either side can ask the Tribunal to appoint a replacement, keeping the panel at the agreed size of one, so the arbitration can continue instead of collapsing when the arbitrator stepped down.
A residential tenancy contract contains no arbitration clause at all, and a rent dispute arises.
What is usually neededHere Article 33 has no role, because there is no arbitration for it to complete. With no arbitration agreement, the dispute is filed and heard at the Rental Disputes Centre in the ordinary way. Article 33 rescues an agreed arbitration; it never forces one onto parties who did not choose it.
Article 33 supports arbitration; it does not impose it
It is worth stating plainly. Article 33 is not a way to move a dispute into arbitration; it is a safety net for an arbitration the parties already agreed to under Article 32. It does not decide who is right, it does not change the number of arbitrators the parties chose, and it does nothing at all if the tenancy contract has no arbitration agreement. In that common case, the Rental Disputes Centre hears the dispute directly, on the ordinary path this section describes elsewhere.
Questions and answers
The Tribunal — the Rental Disputes Centre — appoints them, on the request of either party, under Article 33 of Law 26/2007. This applies where the parties agreed to arbitrate but could not agree on the arbitrators, or an agreed arbitrator dropped out, and nothing in their agreement resolves it.
No. Article 33 only rescues an arbitration the parties already agreed to. If there is no arbitration agreement in the contract, there is nothing for the article to complete, and the dispute is filed and heard at the Rental Disputes Centre in the ordinary way.
Either party can ask the Tribunal to appoint a replacement. Article 33 expressly covers an arbitrator who refrains from the work, resigns, is removed, is disqualified, or is prevented by some obstacle — provided the contract offers no way of its own to fill the seat.
A number equal to, or completing, the number the parties agreed on. The Tribunal does not enlarge or shrink the panel: if the agreement calls for three and one is missing, it appoints one; if the parties never named a sole agreed arbitrator, it appoints that one seat.
No. Under Article 33 the Tribunal only appoints the arbitrator or arbitrators; it does not judge the merits. Once appointed, the arbitrators run the arbitration and reach the decision. The Tribunal's role under this article ends with the appointment itself.
It is relatively uncommon and is seen mainly in commercial or higher-value leases where the parties deliberately included an arbitration agreement. Most residential tenancy disputes are decided by the Rental Disputes Centre. Articles 32 and 33 simply give the Tribunal a supporting role where arbitration was in fact chosen.
Where MANJAZ fits in
MANJAZ publishes this explainer as a service provider. It is not a court, not a government body and not a law firm, and it never guarantees a particular outcome. What we do is practical: read the tenancy contract to see whether it actually contains an arbitration agreement and how the appointment mechanism is meant to work, help a party organise the clause and correspondence a request to appoint relies on, prepare and arrange the file, and provide certified and legal translation where documents must move between Arabic and other languages before the Rental Disputes Centre.
Whether you are a landlord facing a counterpart who will not name an arbitrator, or a tenant unsure whether your contract even provides for arbitration, the value is the same: identify the right rule, keep a clean written record, and follow the lawful route — a request to the Rental Disputes Centre where the mechanism has truly failed, or a direct claim there where no arbitration was ever agreed.
Official sources
- Dubai Legislation — Law No. 26 of 2007 (landlord & tenant) — original text; Arts 2, 3, 4, 9, 13, 14, 15, 25, 26, 29, 36 amended by Law 33/2008
- Dubai Legislation — Law No. 33 of 2008 amending Law 26/2007
- Dubai Legislation — Decree No. 26 of 2013 (Rental Disputes Centre)
- Rental Disputes Centre — About the Centre
This content is for general information and awareness. It is based on the legislation and official sources available at the time of the last review, and procedures may differ according to the facts of each case and updates issued by the competent authorities. It is not legal advice, and MANJAZ is the publisher of this explanation, not the authority that issued the legislation.
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