DCC 167/1994

The original dispute involved a claim for 237,248 AED where the defendant had argued because there was an arbitration clause in the contract the court should dismiss the case. The defendant both refused to appoint an arbitrator and refused the Dubai court's jurisdiction because of the arbitration clause. The key point was that the claimant had the right to request and arbitrator.

Background

A claim was brought ordering a defendant to pay 237,248 AED. The defendant argued that due to an arbitration clause in the contract between the parties, the court should dismiss the claim. The claimant had given the defendant notice asking that it nominate an arbitrator and refer the matter to arbitration but the defendant had refused. The claimant then asked the court to appoint an arbitrator or deliver judgement against the defendant. The defendant then challenged the jurisdiction of the Dubai courts on the grounds there was an arbitration clause in the contract. The court of first instance dismissed the claim on such grounds. The appeal court upheld the judgement and the claimant appealed stating that, under the Civil Procedure Law, the court could nominate an arbitrator if the parties fail to do so.

Decision