DCC 87/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Arbitration, General Civil Procedure & Administration of Justice, Partnership & Limited Partnership
Copyright
LexisNexis
Decision date
17 May 2009
Catchwords
Trial court – Power – Conclude amendment of provisions – Method of assigning arbitrators – Number – Arbitration clause – New defence – Fact – Brought for first time – Court of Cassation – Judgment rejecting counter-claim – Annulment of arbitrator’s award – Valid –Arbitrator was assigned – Disputing parties – Arbitration document – Attorneys – Partner – Representative of other partners – Regarding practice of company’s activities – Stipulated by law or by agreement – Power to rectify incorrect legal determinations – Annulling judgment
A trial court will have the power to amend provisions regarding the method of assigning arbitrators and their number as laid out in the arbitration clause. A new defence associated with a fact which was not previously brought before the trial court may not be brought for the first time before the Court of Cassation. A judgment rejecting a counter-claim where the annulment of an arbitrator's award is requested will be considered valid, as it was established the arbitrator was assigned by virtue of a judgment issued in the presence of the disputing parties and they prepared the arbitration document after it was signed by both parties' attorneys. Each partner will be considered a representative of other partners regarding the practice of the company's activities, unless otherwise stipulated by the law or by agreement. The Court of Cassation will have the power to rectify incorrect legal determinations without annulling the judgment.