Tag: Case and Fatwa Summary

Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 769/2019 (Validity of Arbitration Clauses in Employment Contracts)

Post author By Wedd Al-Zadjali
Post date April 28, 2020

The Supreme Court held that an arbitration clause in an employment contract is valid and does not violate public order, provided that the recourse to arbitration is more beneficial to the employee than standard court procedures.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 319/2020 (FIDIC Rules as Universal Contractual Obligations)

Post author By Abdullah Al-Azri
Post date March 23, 2020

The Supreme Court held that FIDIC rules are not part of public order and parties do not have an obligation to adopt them in their construction contracts.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 946/2019 (Validity of Company Stamp as Signature on Invoices)

Post author By Nouf Al-Lamki
Post date March 17, 2020

The Supreme Court held that stamping invoices with a company's stamp stands in place of a signature and constitutes valid evidence of the receipt of goods, obliging the company to pay the debt unless a formal claim of forgery regarding the stamp is successfully proven in accordance with the Law of Evidence in Civil and Commercial Transactions.

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Case Summary: Supreme Court (Commercial Circuit A) Contestation 467/2020 (Tribunal Excess of Power + Award Defects as Ground to Set Aside Arbitration Award)

Post author By admin
Post date March 16, 2020

The Supreme Court set aside an arbitration award because the arbitral tribunal decided on matters in its award that go beyond the scope of the matters agreed upon between the parties to the dispute and because the arbitral award did not include the details of the relevant arbitration agreement.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 940/2019 (Arbitration Language and Arbitrator Language Proficiency)

Post author By Nouf Al-Lamki
Post date March 15, 2020

The Supreme Court held that a reference to a "ruling language" in a contract is not the same as an agreement for determining the language of arbitration for disputes arising out of that contract and that the language proficiency of the arbitrator is not, on its own, a ground for challenging the arbitrator.

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Case Summary: Supreme Court (Commercial Circuit A) Contestation 101/2019 (Effect of Invalid Guarantee on Loan Contract)

Post author By admin
Post date March 2, 2020

The Supreme Court held that the invalidity of a third-party guarantee due to a defective power of attorney does not render the underlying loan agreement void.

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Case Summary: Supreme Court (Commercial Circuit A) Contestation 439/2018 (Validity of Arbitration Clauses in Purchase Orders)

Post author By admin
Post date February 24, 2020

The Supreme Court affirmed that an arbitration clause embedded within purchase orders constitutes a valid and binding arbitration agreement under article 10 of the Law of Arbitration in Civil and Commercial Disputes. Consequently, courts do not have jurisdiction to hear disputes arising from such contracts if the arbitration clause is invoked.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 970/2010 (Liability of Guarantor Shareholders for Company Debts after Sale of Shares)

Post author By mohtai
Post date February 2, 2020

The Supreme Court held that a shareholder who signs a guarantee agreement for the debts of the company remains liable for these debts even after selling his shares in the company.

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Case Summary: Supreme Court (Commercial Circuit A) Contestation 1007/2018 (Legal Representation in Arbitration and Requirements for Issuing Awards)

Post author By Zayd Al Harrasi
Post date December 24, 2019

The Supreme Court ruled that the Law of Arbitration in Civil and Commercial Disputes does not require arbitration claims to be filed or represented by a registered lawyer, nor does it require arbitration awards to be pronounced in a public hearing, and not following these procedures does not constitute a ground for nullifying an arbitration award.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 160/2019 (Liquidated Damages and Indirect Damages in Construction Contracts)

Post author By admin
Post date December 24, 2019

The Supreme Court ruled that contractually agreed delay penalties constitute liquidated damages that limit a debtor's liability, precluding additional claims for the same delay. Furthermore, indirect damages are not compensable under contractual or tortious liability, and determining legal liability is the exclusive jurisdiction of the courts, not technical experts.

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