DCC 228/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Civil Procedure & Administration of Justice, Civil Courts, Jurisdiction & Choice of Law, Arbitration, Appeals
Copyright
LexisNexis
Decision date
24 Feb 2008
Catchwords
Case – Extent – Appeal in cassation – Judgment – Public policy matter – Jurisdiction – Court – Disputing party – Arbitration clause – First session – Adversary resorting to courts – Proceedings – Definition – Object – Adversary – Resorting to courts – Invalid – Appellant’s attorney – Court of First Instance – Objecting – Respondent – Court of Appeal’s decision – Respond to respondent’s request – Cancel appealed judgment – Arbitration clause existed – Appealable by cassation
This case determines the extent to which an appeal in cassation may be filed against a judgment considered a public policy matter. A judgment issued regarding jurisdiction may only be appealed if the court has no jurisdiction over the case. A disputing party who insists on an arbitration clause should object in the first session to their adversary resorting to the courts, otherwise the court will continue the proceedings. This case considers the definition of a first session during which a disputing party will object to their adversary resorting to the courts. An arbitration clause will be considered invalid if the appellant's attorney appears before the Court of First Instance without objecting to the respondent resorting to the courts despite the arbitration clause's existence. The Court of Appeal's decision to respond to a respondent's request to cancel an appealed judgment ruling a lawsuit be rejected because an arbitration clause existed, will not be considered appealable by cassation.