DCC 151/2007

This case involved the enforcement of an arbitration award. The fact that the award had been issued outside the agreed timeframe was irrelevant as the parties continuation with the proceedings was implicit acceptance. The court of cassation did not have authority to reopen the representation issue when this had been decided by the lower courts.

Background

A Plaintiff filed proceedings before the Dubai Court of First Instance seeking the enforcement of an arbitral award it had previously obtained against the Defendant.

The Arbitral Award was the result of court sanctioned arbitration. The Defendant alleged that, although the arbitration agreement was sanctioned by the courts and the ToR signed as such, it was never actually signed by an authorized representative of the Plaintiff: making the proceedings null and void.

The Defendant alleged that the timeframe, stipulated in law, for issuing the Award had passed at the time of the issuing of the award and therefore this was the basis for the nullification of the award.

The Court of First Instance decided that there was merit in the Defendant's defence and decided to set aside the arbitral award and order its nullity.