DCC 503/2019

This case involved an amendment to a purchase agreement which stated all other terms of the original purchase agreement applied to it. The original agreement contained an arbitration clause. A key issue was whether the court had jurisdiction.

Background

The parties to the contract had signed an addendum which included an amendment to an original purchase agreement which stated that except for the addendum provisions all the other terms of the purchase agreement applied to the addendum.

One of the parties appealed the Dubai Court of Appeal judgment which had dismissed the lawsuit due the presence of a valid arbitration agreement between them in the original contract. They argued that the referral in the addendum was general and did not specify the arbitration clause in a way that confirmed the parties had knowledge of the presence of this clause, so there was no valid arbitration agreement.

Decision