ADCA 449/2024

The initial dispute involved a breach of a supply contract for a hospital. Issues included the validity of an arbitration clause after a contract had been amended because of a company name change and the arbitration institution no longer existed.

Background

Whereas in the facts, as established in the contested judgment, the Appellant (Plaintiff) had filed Case No. 1046/2023 against the Respondent (Defendant), requesting the court to order the Defendant to pay 7,560,725.22 US dollars (or its equivalent in UAE dirhams), in addition to legal interest of 9% annually from the date of the claim until full payment, along with the fees, expenses, and attorney's fees.

The Plaintiff's claim had been based on a contract dated 22/12/2015, under which the Defendant was to supply and install outpatient clinic services and information technology works for a building for the amount of 35,000,000.00 US dollars. On 29/08/2017, the equipment supply contract had been amended, dividing the supply work into two parts and modifying the contract value to 45,671,271.00 US dollars.