DCC 100/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Building Contracts, Arbitration, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
9 Jan 2005
Catchwords
Arbitration – Construction Contract – FIDIC Agreement – Court Jurisdiction
This dispute involved an unpaid sum owed under a construction contract which was based on the FIDIC agreement. A key point was whether there was an option for arbitration in the contract and if the court had jurisdiction. The extent to which the party had to expressly state it was giving up the right to arbitration was important or whether this was implied by their actions.
Background
The claimant a company brought an action against another company before the Court of First instance. The claimant asked the court to oblige the defendant to pay them a sum of money. The claimant stated that they had agreed with the defendant to carry out work. The claimant argued that it had carried out all the work but the defendant had not paid them for the contracted work. The defendant brought a counter claim against the claimant and asked the court to refuse the claimant's claim on the basis the option of arbitration was available.