DCC 185/2008
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Arbitration
Copyright
LexisNexis
Decision date
24 Nov 2008
Catchwords
Courts – Agreement – Settle disputes – Arbitration – Revoked unilaterally – Conditions – Arbitration clause may be waived – Court – Original jurisdiction – Dispute – Appoint arbitrators – Arbitration clause – Provisions – How the arbitrators will be appointed – Authority to act – Reference – Method of appointment – Authority in charge – Task – Disputing parties – Commercial Conciliation and Arbitration Regulation – Dubai Chamber of Commerce and Industry – Approved – Chamber’s Commercial Conciliation and Arbitration Committee
The courts may not be referred to after an agreement to settle disputes through arbitration has been reached. An agreement to resort to arbitration may not be revoked unilaterally. This case considers the conditions in which an arbitration clause may be waived. A court which has original jurisdiction to hear a dispute may appoint arbitrators if the arbitration clause contains no provisions about how the arbitrators will be appointed or given authority to act. A court may not be referred to, to appoint arbitrators if the arbitration clause contains provisions regarding the method of their appointment or indicating their authority. The disputing parties may not appoint arbitrators in line with the Commercial Conciliation and Arbitration Regulation of Dubai Chamber of Commerce and Industry unless approved by the Chamber's Commercial Conciliation and Arbitration Committee.