إسأل Attorney الآن

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Dear Sir, I have a contract in Dubai signed with a...

تم تقييم هذه الإجابة:
Dear Sir, I have a contract in Dubai signed with a Swimming Pool & Landscaping Contractor. They have commenced work and after taking 75% of the contract value, they have abandoned the project site and are not fulfilling their obligations. The contract has an arbitration clause in Dubai International; Arbitration Center

إطرح سؤالك

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that you have to inform the International Arbitration Center in Dubai about the dispute and they will solve it according to the valid laws.

As below article from Emirates Arbitration Law states:

Article (203)

1- In general, the contracting parties may stipulate in the basic contract or a subsequent agreement that the dispute that may arise between them be presented in the implementation of a specific contract to one or more arbitrators, and it is also permissible to agree on arbitration in a specific dispute with special conditions.

2- The arbitration agreement is not proven except in writing.

3- The subject of the dispute must be specified in the arbitration document or during the hearing of the case, even if the arbitrators are authorized to conciliate, otherwise the arbitration will be void.

4- Arbitration shall not be permitted in matters where conciliation is not permitted, and agreement to arbitration is only valid for those who have the capacity to dispose of the right in dispute.

5- If the litigants agree to arbitrate a dispute, it is not permissible to file the case with it before the courts. However, if one of the parties resorted to filing the case without consideration of the arbitration condition and the other party did not object to the first session, the case may be considered and the arbitration clause considered cancelled.

 

الرد من العميل

Can you help with filing the case with the DIAC? and are the verdicts compulsory?

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

We would like to inform you that the legal section at Jawabkom website is specialized in providing online legal consultations according to the laws and away from what have been mentioned in your inquiry.

If you have another question, feel free to ask us and we will answer with pleasure.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار