DCC 322/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Enforcement of Judgments, Litigation Procedure & Practice, Arbitration
Copyright
LexisNexis
Decision date
4 Nov 2005
Catchwords
Agreement – Parties – Arbitration – Specific date – Extension period – Allowed – Entitlement – Court – Judgment – Term – Regular attendance – Representatives – Arbitrator – Oath – Witness – Obligatory – Invalidate – Scope – Subjects
The agreement between the parties to the arbitration by a specific date does not prevent an extension period being allowed, and the entitlement of the court to extend the term specified to issue the arbitration judgment. The arbitration term shall be linked with the regular attendance of the arbitration parties or their representatives before the arbitrator. The regular attendance of both parties and the submission of their claims after reaching the six-month period shall be deemed an implied agreement to extend the date. The administration of the oath to the witnesses before hearing their statements shall be deemed obligatory on the arbitrator and failure to do this will invalidate the arbitration procedures. The scope of the subjects that may be settled through arbitration.
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.