DCC 167/1998/2
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Arbitration, Civil Evidence, Construction & Engineering, Fraud, Remedies, General Contract Law
Copyright
LexisNexis
Decision date
6 Jun 1998
Catchwords
Arbitration – Contract- Evidence – Expert – Arbitrator – Appointment – Engineer – Fraud – Remedy
This case involved the interpretation of an arbitration clause and the power of the court to assess expert reports. It also looked at amounts owed to an engineer when tasks have been carried out but work not completed.
1- Each arbitration clause requires narrow interpretation, and whatever indicates the waiver thereof shall be inferred.
2- The trial court shall have the power to assess the reports of the experts appointed by the court or assigned by the disputing parties, and to reject the request of appointment of an expert or of re-assigning him for the same task.
3- An owner may not contest a statement issued by the consultant engineer delegated thereby, which states that the contractor shall be entitled to receive a certain amount or has achieved the tasks assigned to him as they fall within the scope of his power to act on behalf of the owner, unless in the event of occurrence of any fraud or collusion between the engineer and the contractor.