DCC 393/1998
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Arbitration, Companies & Corporate Bodies, General Company Law & Business Entities, Auditing, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
19 Dec 1998
Catchwords
Articles of Association – Auditor – Partner – Mismanagement – Arbitration Agreement – Company – Jurisdiction
The original dispute was a request that the court appoint an auditor to decide the amount due by a partner who had mismanaged a company to that company. It was claimed the court did not have jurisdiction because the parties had agreed to arbitration. A key point was that although the articles of association included an agreement there would be arbitration on disputes between the partners it had not be structured to include disputes between one partner and the company. The clause should be interpreted narrowly.
Background