DCC 140/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Arbitration, Terms
Copyright
LexisNexis
Decision date
7 Oct 2007
Catchwords
Arbitration – Agreement on Arbitration – Contract – Terms of the Contract – Proof – Burden of Proof
This case involved a lawsuit filed by the appellant against the respondent imposing him to pay the amount of (AED 9,491,419) plus the delay interest equal to 9% per annum from the date of filing the lawsuit and until the completion of payment. The Court of First Instance ruled in favor of the respondent. The appellant filed an appeal in the Court of Appeal in Cassation, which the latter dismissed the cassation.
Background
Permissibility to include in the contract of arbitration any clause which the two parties thereto deem appropriate in a manner not contrary to the public order or morals. The inclusion of preconditions prior to resorting to arbitration so that in case any of them is not materialised, the request of arbitration shall not be accepted. Admissible. The burden of proving that such conditions are materialised rests with the party seeking the arbitration. An example on the agreement that the dispute shall be referred to the Consultant Engineer in the construction contracts before resorting to arbitration.