DCC 606/2024
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Arbitration, General Conflict of Laws, Litigation Procedure & Practice, Representation in Civil Proceedings, Construction Dispute Resolution
Decision date
15 Oct 2024
Catchwords
Validity - Arbitration Award - Arbitrator - Time Limit - Signature - Legal Representative - Dissenting Opinion
This case involved the impact of a change in the law on appointing arbitrators who had a connection with the arbitration institution on the validity of the award. It also considered what happened if one arbitrator refused to sign the award and reasons for a dissenting opinion were not included. Other issues included whether following IBA Guidelines meant the agreement to follow Federal Law No. 6/2018 had been ignored.
Background
An appellant company filed Case No. 11/2024 before the Dubai Court of Appeal, seeking the annulment of an arbitration award issued in Arbitration Case No. 200102 (formerly 102/2020) by the Dubai International Arbitration Centre on 6/2/2024 and the nullification of its effects and that it be considered void. The appellant argued that it had agreed a construction contract dated 29/3/2016 with the respondent bank to execute the main works of the Bader Project (Phase 1). The appellant claimed that it completed the work as per the agreed specifications, but the respondent refused to pay the remaining instalments and refused to release the performance bond. Consequently, the appellant initiated the arbitration case.