However, Individuals legal guidelines simply will not use to this arbitration. The validity and interpretation on the Leases along with the Ensures that contains the arbitration agreements is expressly governed with the regulations of Kansas. The procedural regulation of the arbitration is the regulation of Big apple. The rules of the UAE and the rules of Dubai are only not engaged On this arbitration either because of the express decision of governing regulation or by the choice of the seat of the arbitration. For that reason, the regulations of the UAE and Dubai are irrelevant into the analysis of your validity and interpretation of your arbitration agreements. In Procedural Order #2, this Tribunal tackled at length the Respondents' jurisdictional arguments based upon the existence in the Dubai Court docket Proceeding and waiver of the proper to arbitrate. The reasoning during the 23 website page Procedural Buy #2 won't be reproduced in its entirety Within this Ultimate Award. Nevertheless, this Tribunal relies upon the complete reasoning established out in that Get that's hereby incorporated into this Closing Award, The important thing conclusions of which are summarized as follows: a. The two Leases and the 4 Ensures Obviously and unequivocally expressly offer for ICC arbitration of all disputes in reference to those agreements. There was no proof adduced over the motion (or within the merits hearing) which the Leases and Ensures, or maybe the arbitration clauses therein, were not valid or have been unenforceable. No proof has at any time been adduced by Respondents 1 and 3 that Al Mulla did not contain the authority to signal Those people agreements. The Claimant asserted that the arbitration agreements ended up and therefore are presumptively valid, citing a passage from a number one textual content by Gary Born, Intercontinental Commercial Arbitration (Kluwer, 2009) at 201. Dependant on an evaluation of the applicable regulation and also the evidence which happens to be set out in more element below, it truly is patently crystal clear which the arbitration agreements are in fact legitimate and enforceable. The Claimant has adduced added evidence in its Memorial and on the deserves Listening to which further assistance the validity of such agreements, which evidence can also be mentioned under. As famous in Procedural Order #two, the Respondent Gulf Jet was in fact counting on the existence of valid Leases in its assert in the Dubai Courtroom Continuing for reimbursement of rental in excess of payments as well as a limitation of liability below These Leases. Inspite of this reliance over the validity on the Leases containing the arbitration clauses, Respondents one and 3 requested, and have been granted, the opportunity by Procedural Get #2 to adduce even further evidence for the deserves hearing around the alleged deficiency of authority in Al Mulla to agree to arbitration. Gulf Jet and Al Meeza did not make use of that opportunity and no such proof was adduced.

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c. Contrary for the submission of Respondents one and three, Cessna did not waive its proper to arbitrate underneath the 1CC Procedures and Cessna has taken no action which could represent a waiver. At the time on the stay motion, the Dubai Court Proceedings had not been served on Cessna, a fact which seemingly remains correct to at the present time. Cessna hasn't nevertheless been summoned to appear from the Dubai Courtroom and it has taken no techniques to attorn to that jurisdiction prior to suitable company. Alternatively it's insisted on its right to arbitrate in accordance Together with the arbitration agreements and the ICC Guidelines. Provided the significance of this concern, a far more thorough recitation of the Investigation established out in Procedural Order #2 is appropriate. Respondents one and 3 argued that by purpose of Posting 203 with the UAE CCP, it had been incumbent upon Cessna to look with the "initial hearing" in the Dubai Courtroom to request the referral to arbitration, Which failure to look website and so request constitutes a waiver of the appropriate to arbitration.

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It is this clause (B) which alone governs the entitlement to and calculation of desire on quantities owing to Cessna. No other contractual expression has been discovered or relied upon. This substantive ideal to curiosity is hence founded inside the terms from the agreement as agreed because of the get-togethers, which as observed before is to be interpreted in accordance Together with the rules of Kansas by rationale on the Convey alternative of regulation, which include any applicable regulations associated with the entitlement to desire.

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