Even so, All those legal guidelines basically usually do not apply to this arbitration. The validity and interpretation on the Leases plus the Guarantees containing the arbitration agreements is expressly ruled because of the legislation of Kansas. The procedural law of this arbitration is definitely the law of New York. The laws from the UAE and also the regulations of Dubai are just not engaged On this arbitration possibly by the Specific option of governing law or by the choice of your seat of this arbitration. Therefore, the regulations of the UAE and Dubai are irrelevant into the Examination with the validity and interpretation in the arbitration agreements. In Procedural Get #two, this Tribunal resolved at duration the Respondents' jurisdictional arguments based on the existence of the Dubai Court docket Continuing and waiver of the appropriate to arbitrate. The reasoning in the 23 page Procedural Buy #2 won't be reproduced in its entirety With this Remaining Award. However, this Tribunal relies on the total reasoning established out in that Purchase and that is hereby incorporated into this Final Award, The main element results of that happen to be summarized as follows: a. The two Leases as well as four Ensures Evidently and unequivocally expressly present for ICC arbitration of all disputes in connection with These agreements. There was no proof adduced around the motion (or at the merits hearing) the Leases and Ensures, or maybe the arbitration clauses therein, weren't legitimate or were unenforceable. No proof has at any time been adduced by Respondents 1 and 3 that Al Mulla did not provide the authority to indicator those agreements. The Claimant asserted the arbitration agreements were and therefore are presumptively valid, citing a passage from a number one textual content by Gary Born, International Professional Arbitration (Kluwer, 2009) at 201. Based upon an evaluation on the applicable regulation as well as evidence which is set out in more element down below, it truly is patently crystal clear the arbitration agreements are the truth is legitimate and enforceable. The Claimant has adduced extra proof in its Memorial and within the merits hearing which additional aid the validity of such agreements, which evidence can be reviewed below. As pointed out in Procedural Purchase #2, the Respondent Gulf Jet was in truth depending on the existence of valid Leases in its assert from the Dubai Courtroom Proceeding for reimbursement of rental over payments and a limitation of legal responsibility underneath Those more info people Leases. In spite of this reliance within the validity from the Leases that contains the arbitration clauses, Respondents 1 and three requested, and were being granted, The chance by Procedural Order #2 to adduce even more evidence for the merits hearing within the alleged not enough authority in Al Mulla to comply with arbitration. Gulf Jet and Al Meeza did not reap the benefits of that opportunity and no these kinds of proof was adduced.
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c. The denial of this motion to stay is without the need of prejudice to the proper of Respondents 1 and three to adduce proof and submit authorized argument in their memorial to be sent in accordance with Procedural Order #one on the problems of the invalidity and unenforceability on the arbitration clauses contained inside the Leases plus the Ensures.
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b. Gulf Jet was the "little person" in a just one-sided transaction and was unable to negotiate the phrases with the Leases (Gulf Jet Answer at paragraph 1.4);
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