DCC 220/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice, Arbitration
Copyright
LexisNexis
Decision date
17 Jan 2005
Catchwords
Proving agreement – Arbitration – Verify – Neither party – Responded – Enforcement – Parties – Implied – Specific contract – Legal entitlement – Dispute – Manager – Limited Liability Company – Power of attorney – Third party – Signature – Contract manager – Ineligibility – Signatory
Methods of proving agreement on arbitration and of verifying agreement to refer to arbitration. Agreement on arbitration shall not be deduced simply because neither party responded to the arbitration suggestion. The enforcement of arbitration between the parties in other contracts shall not be deemed an implied enforcement of arbitration in a specific contract. Agreement on arbitration shall be made by a person with a legal entitlement to take action regarding the dispute. The manager of the limited liability company has the sole legal entitlement to take part in arbitration in its name and account, unless there is a power of attorney assigning a third party to agree on the arbitration on their behalf. The signature of the contract manager not of the manager of the limited liability company on the arbitration suggestion shall not be deemed valid due to the ineligibility of the signatory.
Pursuant to the perusal of the documents, and the reading of the summary report, and after deliberation;
Whereas the cassation has fulfilled all formal conditions; and