Lachesis v Lacrosse [2021] DIFC CA 005 (29 December 2021)

Lachesis v Lacrosse [2021] DIFC CA 005 (29 December 2021)

The Court held that the failure to sign every page of the award was a formal and technical breach of the LADONNA Rules, not causing prejudice or substantive injustice, and did not mandate setting aside the award under the Arbitration Law. The alleged incapacity related to the underlying contract, not the arbitration agreement, and thus was not a valid ground. The allegations of unfair treatment were unsubstantiated and amounted to an attempt to re-litigate the merits. The Court exercised its discretion not to set aside the award.

Citation
[2021] DIFC CA 005
Parties
Appellant/claimant: Lachesis; Respondent/defendant: Lacrosse
Jurisdiction
United Arab Emirates
Judgment Date
29 December 2021
Procedural Posture
Appeal From Arbitration Award (difc Court of First Instance) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Setting Aside Arbitral Awards, Procedural Irregularity, Public Policy in Arbitration, Capacity to Arbitrate, Fair Hearing and Equality of Arms
Arbitration Commercial Law Setting Aside Arbitral Awards Procedural Irregularity Public Policy in Arbitration Capacity to Arbitrate Fair Hearing and Equality of Arms

Case Brief

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Parties

Lachesis

Appellant/claimant

Lacrosse

Respondent/defendant

Procedural Posture

Appeal From Arbitration Award (difc Court of First Instance) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether failure to sign every page of the arbitral award under LADONNA Rules mandates setting aside the award
  2. 2 Whether alleged incapacity of claimant's former solicitors to amend governing law affects validity of award
  3. 3 Whether alleged unfair treatment of claimant in arbitration hearing justifies setting aside the award

Ratio Decidendi

The Court held that the failure to sign every page of the award was a formal and technical breach of the LADONNA Rules, not causing prejudice or substantive injustice, and did not mandate setting aside the award under the Arbitration Law. The alleged incapacity related to the underlying contract, not the arbitration agreement, and thus was not a valid ground. The allegations of unfair treatment were unsubstantiated and amounted to an attempt to re-litigate the merits. The Court exercised its discretion not to set aside the award.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Costs awarded to the Respondent on the standard basis, to be assessed by the Registrar unless otherwise agreed.