ADCC 266/320/2008
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
General Commercial Law, General Contract Law
Copyright
LexisNexis
Decision date
5 Jun 2008
Catchwords
Contract – Profit Share – Expert – Evidence – Court Authority – Relationship between the parties
The original dispute involved an agreement between two parties to participate in a tender review, where the party would receive a profit share of any resulting profits or losses if the company won the tender. The profit share was not paid. The key issue in this case was the remit of the work assigned to the expert. Assessing the relationship between the parties was a legal question which should not have been delegated to an expert by the court.
Background
Two defendants filed a case against a company and requested the court to order its owner to pay them 1066789 AED and compensation for damages. The two defendants stated the owner of the company had agreed to participate with them in a tender review in the name of his company for which they would get 50% of the profits/losses in exchange. The defendants stated the owner owed them this amount as a result.
The owner of the company filed a case against the second defendant and asked the court to order him to pay 50000 AED.
The court rejected the case.