On the other hand, Those people legislation only never use to this arbitration. The validity and interpretation in the Leases and the Guarantees containing the arbitration agreements is expressly ruled through the regulations of Kansas. The procedural regulation of this arbitration is the law of New York. The regulations in the UAE as well as legislation of Dubai are only not engaged During this arbitration possibly with the Convey option of governing regulation or by the choice in the seat of this arbitration. Consequently, the regulations with the UAE and Dubai are irrelevant into the Evaluation on the validity and interpretation on the arbitration agreements. In Procedural Get #two, this Tribunal tackled at length the Respondents' jurisdictional arguments based on the existence of the Dubai Courtroom Continuing and waiver of the best to arbitrate. The reasoning while in the 23 webpage Procedural Buy #two will not be reproduced in its entirety in this Last Award. Having said that, this Tribunal depends upon the complete reasoning established out in that Buy that's hereby included into this Remaining Award, The important thing findings of that are summarized as follows: a. The 2 Leases and the 4 Ensures clearly and unequivocally expressly give for ICC arbitration of all disputes in reference to People agreements. There was no proof adduced around the motion (or at the deserves Listening to) which the Leases and Guarantees, or even the arbitration clauses therein, were not legitimate or were unenforceable. No proof has ever been adduced by Respondents 1 and three that Al Mulla did not contain the authority to signal Those people agreements. The Claimant asserted the arbitration agreements had been and so are presumptively valid, citing a passage from a number one textual content by Gary Born, Global Industrial Arbitration (Kluwer, 2009) at 201. According to an assessment on the relevant regulation plus the evidence that's established out in more depth down below, it can be patently apparent the arbitration agreements are in reality valid and enforceable. The Claimant has adduced more evidence in its Memorial and with the deserves Listening to which more aid the validity of these agreements, which evidence can be talked over beneath. As mentioned in Procedural Order #2, the Respondent Gulf Jet was in actual fact counting on the existence of valid Leases in its claim from the Dubai Court Proceeding for reimbursement of rental about payments plus a limitation of liability below All those Leases. In spite of this reliance within the validity with the Leases made up of the arbitration clauses, Respondents one and 3 requested, and were being granted, The chance by Procedural Buy #two to adduce even more evidence with the deserves Listening to around the alleged not enough authority in Al Mulla to comply with arbitration. Gulf Jet and Al Meeza didn't reap the benefits of that opportunity and no these evidence was adduced.
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b. Contrary for the assertion by Respondents one and three which the Dubai Courtroom had distinctive jurisdiction, there simply just was no proof and no legal authority tabled by those Respondents or their counsel to verify the Dubai Civil Court docket had special jurisdiction in excess of the disputes and statements designed On this arbitration which ousted the jurisdiction of the Tribunal. There was for the pretty minimum concurrent jurisdiction During this Tribunal to continue and there was no lawful foundation introduced to usurp or oust that jurisdiction. In mild of the importance of this difficulty, it is appropriate to explicitly set out Within this Closing Award the in depth evaluation and Investigation on the provisions of your Code of Civil Technique of the United Arab Emirates on this problem which have been reviewed in Procedural Buy #2.
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A preliminary issue could be the identification from the applicable regulation for the willpower of those concerns. In addressing these troubles as towards the validity or enforceability from the arbitration agreements as established out during the Leases plus the Ensures, the Claimant submitted in its Memorial that these issues ended up to become determined beneath the regulations with the point out of Kansas, specified the Convey alternative of that regulation as established out in paragraph 24 of each and every Lease and paragraph G of every Guaranty. The Specific selection of law and also the obligation to arbitrate had been set out in the exact same clause in both of those agreements. The Claimant in its Memorial cited a lot of authorities less than Kansas regulation to substantiate the legitimate existence with the agreements and the arbitration clauses. Respondents 1 and three designed no submissions as for the relevant legislation to find out the existence or validity from the arbitration agreements, aside from to produce a bald assertion which the legislation of your UAE apply, a submission that has been rejected. Respondent 2 produced no submissions as on the governing law problem, simply because Respondent two acknowledged which the Leases ended up appropriately signed by him and were being binding.
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Cessna asserted that it absolutely was entitled underneath the Ensures to proceed instantly against each Guarantor without the need of 1st exhausting recovery from Gulf Jet as Lessee. (See Section C, Reveals three- six.) 87. Ultimately, as established out while in the Conditions of Reference, Cessna also sought reduction in respect with the Dubai Court Proceeding commenced by Gulf Jet on The idea that these types of proceeding was submitted in immediate contravention with the arbitration settlement underneath the Lease Agreements and the Guaranties. Based on the arbitration agreements, all disputes arising from or in connection with the Lease shall be lastly settled by arbitration underneath the ICC Rules by one or more arbitrators appointed in accordance Using the stated guidelines. Cessna asserted that the subject matter of Gulf Jet's Dubai Court Continuing arose right out from the Leases and thus constituted an impermissible "run-close to", or contravention, of your agreements to arbitrate. Appropriately, pursuant to Post 28(1) of the ICC Guidelines and the only real Arbitrator's other powers, Cessna sought an order in the nature of an injunction that Gulf Jet ought to be necessary to dismiss its Dubai action with prejudice. B. Posture of Respondent one, Gulf Jet and Respondent three Al Meeza 88. Inside their Remedy, Respondents 1 and 3 denied all allegations from the Claimant in its Ask for for Arbitration and denied any legal responsibility to Cessna. Respondent 3 also expressly admitted that he obtained the shares of Respondent 2 in Gulf Jet, but denied that he assumed or became chargeable for the liabilities or debts of Gulf Jet. It had been afterwards clarified during the evidence that the passions of Respondents 2 and 3 in Gulf Jet had been held as a result of other corporate entities controlled by Every single of Respondent 2 and three respectively Which the acquisition with the shares in Gulf Jet controlled by Respondent two was effected via a transaction involving These wholly owned entities. 89. Within their Answer, Respondents one and 3 reviewed the factual history with the dealings While using the Claimant in respect of the two Plane Leases and asserted numerous points including the pursuing: a. Within the Lease negotiations, Gulf Jet was the "very little man from the lease transactions with no possibility to negotiate any terms of the Leases which had been put to it on "a just take it or depart it foundation" and which were being properly contracts of adhesion (Reply 1.4, one.5 and 4.4).
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