Mediation before arbitration — is it mandatory under the new UAE Mediation Law?

Federal Decree-Law 40 of 2023 on Mediation and Conciliation does not impose mandatory pre-arbitration mediation unless contractually required OR court-referred under the Civil Procedure rules. If your arbitration clause is silent on mediation, you can decline. If the other party files in UAE courts first, the court may refer to mediation under the 2023 law, but you can object on the basis of the arbitration clause. Strategically, a focused 1-2 day mediation often resolves 40-50% of B2B disputes for 1-2% of arbitration cost — worth considering even if not mandatory.