DCC 225/2019

The initial dispute involved the annulment of an arbitration award about a ship. Key issues were whether DIAC had jurisdiction to hear the issue and if the new or old arbitration law applied to appeals.

Background

An Appellant Marine Engineering Factory filed suit No. 1289/2018 before the Dubai Court of First Instance against the Respondent (requesting the annulment of the arbitration award issued on 25-2-2018 in arbitration case No. 103 of 2016 that ruled the jurisdiction of the arbitral tribunal to consider the subject of the counterclaim, on the basis that on 13-8-2012 the Defendant entered into a contract with the Plaintiff and entrusted them to return the ship to the Defendant as a dispute broke out over their entitlements. Arbitration case 103/2016 was filed before DIAC, where the Defendant filed a counterclaim on the subject of quality assurance, the Plaintiff argued that the arbitral tribunal did not have jurisdiction to consider the subject of the counterclaim since its subject was outside the arbitration agreement. However, the arbitral tribunal rejected this defence and ruled that it was competent to hear the counterclaim.

Proceedings:

Court of First Instance.