DCC 133/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
27 Mar 2005
Catchwords
Terms and conditions – Enforcement – Cassation – Inability – Prove – Appellant – Contested judgment – Dismissal – Due date – Consequences – Failure of agreement – Arbitration – Invalid – Defence rights – Basic procedures of litigation
The terms and conditions concerning the enforcement of the cassation date. The inability to prove the appellant's claim to the contested judgment since its issuance or since the appellant has been aware of it and no cassation has been made, shall lead to the dismissal of accepting the cassation due to the presentation of the claim after the due date. The consequences of failure of agreement between the parties to proceed to arbitration. The judgment of the arbitration shall be invalid if the defence rights were not considered. To consider the arbitrator's indifference to the basic procedures of litigation leading to the invalidation of the judgment.
After reviewing the documents; hearing the summary report that was read by the Judge: _____; and deliberating;