Question from Mr.Sunil Thacker's forum

Q	Me and my partner had signed an agreement. There was a clause on arbitration to settle any dispute that may arise. There is a dispute now between me and my partner and my partner has appointed an arbitrator in whom I do not have faith. Can I appeal against the decision of the arbitrator in the court ?. Can I take a plea that I do not want arbitration and that I want to file the case direct to the court? Please keep my name, email and contact details confidential. I shall contact you on your number +971-50-2427334 and seek your appointment today. Kind Regards, Keith(Posted on 26/11/2006)
A	Dear Keith: You and your partner both consented to the Arbitration clause which has been documented in form of an Agreement. In terms of the Agreement, you and your partner also agreed that any dispute that may arise will be referred for Arbitration. Now, you cannot unilaterally exit from arbitration. If you wish to avoid arbitration and submit the matter to the jurisdiction of the court then the only way is to approach the court by presenting a regular application. If your partner does not raises his objection in the first instance citing the arbitration clause, then the court will consider that the opposite party has waived his right to arbitrate and acceded to the jurisdiction of the court to hear the disputes. Sunnil Thaacker
Experts Home   GoDubai Home     Close