DCC 429/2002
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, General Contract Law, Enforcement of Judgments
Copyright
LexisNexis
Decision date
23 Feb 2003
Catchwords
Trial court – Jurisdiction – Fact of action – Contracts – Agreements – Other documents – Conditions – Dispute – Contested judgment – Arbitration clause – Subcontracting – Second schedule
The trial court shall have the jurisdiction to understand the fact of action and construe the wording of the contracts, agreements, and other documents and conditions that are subject of dispute. The rulings of the contested judgment to confine the arbitration clause contained in the agreement of subcontracting to disputes related to the second schedule of the agreement, though it includes the whole agreement of subcontracting, shall be deemed a violation of the content of the agreement articles and flawing in reasoning, and shall necessitate its cassation.
Having reviewed the case documents, heard the summary report prepared and read out in the session by the Honorable Rapporteur Judge “………”, and after the legal deliberation
Whereas the cassation has fulfilled the requirements prescribed by law in terms of form;