ADCC 902/2024

This case concerned the invalidity of an arbitration award on the basis that the arbitration agreement was not signed by the legal representative authorised to bind the company.

Background

An  Appellant company filed Case No. 11/2024, against the Respondent company, seeking a judgment to invalidate the judgment issued on 5 June  2024, in Arbitration Case No. 3/2023. In support of its claim, it stated that the arbitral tribunal at the Abu Dhabi Centre for Conciliation and Commercial Arbitration issued the aforementioned judgment in favour of the Respondent, which was flawed by invalidity. This was because it was based on an arbitration agreement that was not signed by its legally authorised representative with the power to agree to arbitration. Therefore, it filed the lawsuit.

Proceedings

On 14 August  2024, the court ruled to dismiss the case. The Appellant company challenged this judgment by way of cassation in Cassation Case No. 902/2024, Commercial Cassation Abu Dhabi.