DCC 284/2020

This case involved the grievance procedure where the President of the Court of Appeal has issued a precautionary measure in an arbitration.

Background

A subcontractor obtained a decision from the President of the Court of Appeal to impose a precautionary attachment on two bank guarantees of 15,396,581 AED and 8,393,566 AED issued in favour of a real estate development company and to block encashment of those two bank guarantees under Article 18(2) of Federal Law No. 6/2018.

The Developer challenged the President of the Court of Appeal's decision through a grievance which was submitted before the Court of Appeal requesting removal of the attachment and the liquidation of the two bank guarantees. The Court of Appeal dismissed the grievance as it had not followed the required legal procedures.