DCC 205/2019

This case involved whether an arbitration award should be considered null. Points considered included if there was a right to award lawyer's fees, the procedures for taking witnesses statements and if there was capacity to sign the arbitration agreement.

Background

An Appellant (Engineering and Contracting Company) filed suit No 1 of 2018 before the Court of Appeal against the Respondent company requesting the nullification of an arbitral award No 162/2014 by Dubai International Arbitration Centre (DIAC) issued on 22/2/2018.

They said the arbitral award was void because there had been non-written testimonies of witnesses in the memorandum of the case, the person  who signed the contract had no capacity since he was not one of the two directors of the company and the contract had been forged. They had not have applied the rules of English  commercial law.

The Plaintiff filed grievance No 9 of 2018 against the Defendant requesting cancelling the grievance decision and nullification of the arbitration award No 12/2014 issued on 9/10/2018.

The Plaintiff presented petition No 48 of 2018 arbitration for recognition of the arbitration award issued in case No 162 of 2014.

The specialist judge recognised and enforced the arbitration award.