Ask Gulf News: Contract dispute over undelivered goods? How to pursue your legal rights in Dubai

Question: I bought some cars from a company that was supposed to deliver them a month ago. If I want to terminate the contract, where should I file the case, given that the contract refers to arbitration before the DIAC Centre?

Answer: You must file the case before the Dubai International Arbitration Centre (DIAC), as agreed in the contract, in accordance with the agreed language.

According to the DIAC Arbitration Rules 2022, any party wishing to commence arbitration must submit a Request to the Centre, which shall include all required documents and information. The Claimant must pay the registration fee required by the Centre. The Centre will notify the Request to the Respondent, who must submit an Answer to the Centre within 30 days of being notified. Failure by the Respondent to submit an Answer does not prevent the arbitration from proceeding in accordance with the Rules.

The Tribunal shall consist of the number of arbitrators agreed upon by the parties. If the parties have not agreed on the number, the Tribunal shall consist of a sole arbitrator. All arbitrators shall be appointed by the Arbitration Court. The Tribunal must issue the Final Award within six months from the date the file is transmitted to it by the Centre, unless extended by written agreement of all parties.

The Tribunal may issue preliminary, interim, partial, final, additional, supplemental, or other awards as it considers appropriate. All awards shall be issued in writing and shall be binding on the parties. By agreeing to arbitrate under the Rules, the parties undertake to comply fully with any award immediately and without delay.