Last updated on September 16th, 2019 at 04:00 pm
The Court of Cassation in Dubai has adopted our vision and ruled in favor of our defense, hence setting a new judicial concept that says:
“The registration removal request in the initial cadaster is an effect of annulment judiciary, hence the request of registration removal or conflict over the nullity of cadaster registration are not matters of general law and can go to arbitration.”
An investor, “the buyer”, filed a lawsuit in Dubai Courts for the annulment of a selling contract of a real estate property, sold on the map, as well as the removal of the fixed registration in the initial cadaster at Dubai Land Department. As the contract was the subject of the lawsuit, it involved arbitration as a way of the resolution of resulting conflicts.
We held on to our defense that Dubai Courts judiciary is not concerned in overseeing the lawsuit due to the arbitration condition. Consequently, Dubai Cassation Court ruled decisively, supporting our defense and vision, that “the registration removal request in the initial cadaster is an effect of annulment judiciary and is not a matter of general law, therefore can go to arbitration.”