ADCC 839, 885/2025
This case concerned cross-cassation appeals arising from a subcontract dispute over construction and landscaping works, raising issues of the validity of arbitration clauses, formation and interpretation of contracts, and the assessment of contractual damages.
Background
This dispute began when the Respondent filed a commercial case in 2024 before the Abu Dhabi Court of First Instance. The claim sought AED 6,227,347.55 plus 9% annual interest from 2016. This amount was related to a subcontract for construction, completion, and landscaping works.
The Respondent asserted that the contracted works, including variations, had been fully executed and delivered without objection. The filing party argued that the Appellant had refused to pay the claimed amount despite attempts to reach an amicable settlement.
In response, the Appellant’s counsel submitted a defence memorandum. The primary plea was that the action was inadmissible due to the presence of an arbitration clause. Alternatively, the Appellant pleaded that the case should be dismissed for lack of proof.
Proceedings
Court of First Instance – Decision dated 22/05/2025.