Introduction

The Abu Dhabi Court of Cassation, in Appeal no. 924 of 2009, integrated the following important rules in respect of arbitration:

• The power of attorney of the Respondent's representative can only be contested by the Respondent. 

• If the parties fail to agree on arbitrators, or if the appointed arbitrator was precluded from acting or disagreed over the appointment of an arbitrator, the Court may appoint one. 

• The arbitrator's attendance at the hearings would be sufficient to constitute an implicit acceptance of his nomination and mandate. 

• The award is not void if it does not rely on the unsworn testimony of the witness. 

• The arbitrator may rely on foreign documents as long as the other side does not object to it during the procedure and that this issue is not one of public policy.

Facts