ADCC 72/2007
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
Judiciary, Arbitration, Legal, Litigation Procedure & Practice, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
11 Dec 2007
Catchwords
Arbitration clause – Opponent – Legal proceedings – Agreement – Action – Civil Procedures Law – Litigants – Courts – Clause – First session
The party which insists on the arbitration clause shall object that his opponent took the legal proceedings although there is an agreement for arbitration, otherwise the action may be considered. The phrased "action may be considered" and "first session" included in Article 203 of the Civil Procedures Law are defined. The objection by the litigants to referring the action to the courts in spite of the arbitration clause at the session subsequent to the first session is deemed an abandonment of the arbitration clause by those litigants.