DCC 476/2020
This case involved whether there was a valid arbitration clause where the clause was in an apprendix to the contract that had not been specifically signed.
Background
A Subcontractor filed a lawsuit before the Dubai Court of First Instance to claim 75,000,000 AED from the Main Contractor following completion of some work. The lawsuit came after the Subcontractor had made a successful application to obtain a precautionary attachment to attach a performance bond which the Subcontractor had issued to the Main Contractor following the commencement of the work.
The Main Contractor argued the lawsuit should not be heard because of a lack of jurisdiction as the parties had agreed to resolve their disputes through arbitration. The Court of First Instance issued a preliminary decision to appoint an expert to prepare a report and found they had jurisdiction.
The Main Contractor appealed to the Court of Appeal which overturned the Court of First Instance judgment and dismissed the Subcontractor's lawsuit for lack of jurisdiction.