Lirit v Liwanu [2021] DIFC ARB 011 (08 August 2021)

Lirit v Liwanu [2021] DIFC ARB 011 (08 August 2021)

The application to set aside the enforcement order was dismissed because the parties had agreed on arbitral procedure, so the law of the seat was not engaged; any failure to comply with pre-arbitration dispute resolution steps did not affect the arbitral procedure; and the defendant, by participating fully in the arbitration without timely objection, waived its right to challenge the award on these grounds.

Citation
[2021] DIFC ARB 011
Parties
Claimant/respondent: Lirit; Defendant/applicant: Liwanu
Jurisdiction
United Arab Emirates
Judgment Date
08 August 2021
Procedural Posture
Arbitration Enforcement Application / Order on Application to Set Aside Enforcement Order
Outcome
Application dismissed
Legal Topics
Recognition and Enforcement of Arbitral Awards, Arbitral Procedure, Waiver of Procedural Objections, Costs
Arbitration Commercial Law Recognition and Enforcement of Arbitral Awards Arbitral Procedure Waiver of Procedural Objections Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lirit

Claimant/respondent

Liwanu

Defendant/applicant

Procedural Posture

Arbitration Enforcement Application / Order on Application to Set Aside Enforcement Order

Legal Issues

  1. 1 Whether recognition and enforcement of the arbitral award should be refused under Article 44(1)(a)(iv) of DIFC Arbitration Law due to alleged procedural defects
  2. 2 Whether failure to comply with pre-arbitration dispute resolution steps invalidates arbitral procedure
  3. 3 Whether the defendant waived its right to object to alleged procedural defects

Ratio Decidendi

The application to set aside the enforcement order was dismissed because the parties had agreed on arbitral procedure, so the law of the seat was not engaged; any failure to comply with pre-arbitration dispute resolution steps did not affect the arbitral procedure; and the defendant, by participating fully in the arbitration without timely objection, waived its right to challenge the award on these grounds.

Court Disposition

Application dismissed

Orders

  • Defendant to pay Claimant's costs on the standard basis, to be assessed if not agreed