ADCC 1062/2018

Background

A case was filed with the Abu Dhabi Plenary Court to request a ruling on the invalidity of a partnership contract. It was said the two parties had concluded a joint venture/partnership agreement in order to construct two properties. One of the clauses of the agreement stated that only the appellant would bear full responsibility for implementing the projects, for the facilities and financing and costs of the projects. They were also to bear full responsibility for any losses and did not have the right to claim them back from the respondent. The agreement also stated the appellant had full responsibility for managing the partnership business - which was termed a coalition and the financial, technical and administrative aspects of the projects. Another clause stated the respondent was entitled to 18% of net profit of the projects.

The court ruled to reject the case and obliged the plaintiff to pay legal costs.

The Appellant filed an appeal before the Abu Dhabi court of appeal which was rejected and they were required to pay legal costs.

The Appellant then challenged the ruling by way of Cassation,

Decision