DCC 185/2008

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.