A5 v B5 & Anor [2021] ADGMCFI 0007 (19 September 2021)

A5 v B5 & Anor [2021] ADGMCFI 0007 (19 September 2021)

The arbitration agreement in the Undertaking was valid and binding on all parties, including A5 by conduct, satisfying the requirement for a written agreement under the Arbitration Regulations 2015. The arbitral award dealt only with matters within the scope of the arbitration agreement. The Defendants were precluded from resisting recognition under section 62(3) as they did not apply to set aside the award within the prescribed period. Even if they were not precluded, no grounds for refusal under section 62 were established.

Citation
[2021] ADGMCFI 0007
Parties
Claimant: A5; First Defendant: B5; Second Defendant: C5
Jurisdiction
United Arab Emirates
Judgment Date
19 September 2021
Procedural Posture
Application for Recognition of Arbitration Award / Judgment on Application for Recognition
Outcome
Application for recognition of arbitration award granted
Legal Topics
Recognition and Enforcement of Arbitral Awards, Jurisdiction of Arbitral Tribunal, Validity of Arbitration Agreement, Public Policy in Arbitration, Interpretation of Arbitration Clauses
Arbitration Commercial Law Civil Procedure Recognition and Enforcement of Arbitral Awards Jurisdiction of Arbitral Tribunal Validity of Arbitration Agreement Public Policy in Arbitration Interpretation of Arbitration Clauses

Case Brief

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Parties

A5

Claimant

B5

First Defendant

C5

Second Defendant

Procedural Posture

Application for Recognition of Arbitration Award / Judgment on Application for Recognition

Legal Issues

  1. 1 Whether the arbitration agreement was valid and binding under the Arbitration Regulations 2015
  2. 2 Whether the arbitral award dealt with matters within the scope of the arbitration agreement
  3. 3 Whether the ADGM Court has exclusive jurisdiction to recognise the award

Ratio Decidendi

The arbitration agreement in the Undertaking was valid and binding on all parties, including A5 by conduct, satisfying the requirement for a written agreement under the Arbitration Regulations 2015. The arbitral award dealt only with matters within the scope of the arbitration agreement. The Defendants were precluded from resisting recognition under section 62(3) as they did not apply to set aside the award within the prescribed period. Even if they were not precluded, no grounds for refusal under section 62 were established.

Court Disposition

Application for recognition of arbitration award granted

Orders

  • The arbitration award issued on 5 April 2021 is recognised.
  • Costs reserved; parties to make written submissions on costs by 5.00pm on 3 October 2021.