Being aware of UAE statutory and contractual time bar provisions will affect the parties' ability to pursue their claims through the dispute resolution mode chosen. Moreover, compliance with the time bar provisions is critical from the early stages of referral of a dispute until the final stages of commencing arbitration/litigation or enforcing an arbitration award.
The Dubai Court of Cassation recently ruled that a person who has comprehensive insurance cannot claim damages from his insurance company when the damages are caused by another driver. Rather, damages should be claimed from the insurance company of the individual who causes the accident, or the individual himself.
Legislation and case law in the United Arab Emirates have established the principle and scope of the right to litigate, and the right continues to be well protected.
The Court of Cassation has ruled that a principal has the right to (i) establish its relationship with an agent as it deems fit and (ii) appoint whoever it deems suitable to represent it in executing an agreement.
In recent cases the Dubai Court of Cassation has ruled on the subrogation of a cargo owner by an insurer as being adequate grounds for the insurer to pursue the claim against the carrier and the direct purpose of maritime insurance. One of the cases concerned the importation of a cargo of Indian onions.
A Supreme Court judgment indicates that failure to submit power of attorney documentation with a petition claim will constitute grounds for rejection of the petition.