English
Verbal Statements Before Court-Appointed Expert May Waive An Arbitration Clause
It is an established legal principle of the UAE mainland courts that making a submission, or an argument
related to merits of the case before challenging the court’s jurisdiction based on arbitration clause will
be considered as a waiver of this clause and acceptance of the jurisdiction of the court. This principle is
founded on Article (8) of Federal Law No.6 for year 2018 regarding Arbitration and Article (86) of Decree
by Law No 42 for year 2022 regarding Civil Procedures. Recently, Dubai Courts have issued a judgment
which appears to reinforce and broaden the application of this principle.
4.8 / 5 ( 50 votes )
Request Your Legal Consultation Now!