DCC 44/2008
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Arbitration, General Construction Law, General Real Property Law, General Contract Law, General Commercial Law
Copyright
LexisNexis
Decision date
22 Apr 2008
Catchwords
Voluntary arbitration – Writing – Agreement – Parties– Resort to arbitration – Effective – Contracts – Trial court – Power– Applicability – Arbitration clause – Stipulated – Previous contracts – Contested judgment – Motion – Dismiss case – Existence of arbitration clause – Appellant – Failed to prove works regarding villa – Villas in same project – Valid – Documents – Definition – Contracting agreement – Contracting party – Claim raise – Concluded on basis of agreed-on plan – Modification or addition – Employer's consent – Contractor – Claim remuneration – Exceeding works – Measurement – Differentiation – Reasons – Lump sum contracts and measurement contracts – Competent court – Exclusively – Power to decide – Lump sum or measurement basis – Contracting – Legal – Evidence – Prove contractor executed works – Specifications agreed on