The matter, on referral from CASD, was registered as Commercial Action No.
The test for granting a request to dismiss a case based on the existence of an arbitration clause, as held by the Court of Cassation, is whether the defendant had invoked the arbitration clause at the hearing at which he made his first appearance in court, even if the matter had come before the CASD without such plea having been raised.
Such a referral is not a tier of litigation that would lead to a ruling that the defendant had waived the right to plead lack of jurisdiction (based on an arbitration clause) in court because he did not raise such plea before the CASD. This is not changed by the Appellant's reliance on the provisions of the CASD's establishing law, which essentially provides that the CASD is an integral part of the Dubai Courts while not constituting the CASD as a tier of litigation.
Mohammad Ameen Mubasheri, CASD's Head, said a significant number of disputes were resolved in less than a month, except for the ones extended by the judge's order, which makes the centre one of the best in performance globally.
CASD constantly qualifies a number of mediators with expertise in legal proceedings to communicate with the parties in the conflict and negotiate based on social, Islamic values, and economic benefits.
CASD seeks to find an amicable solution within a month of the first session with the help of mediators.
Because CASD SERP benefits take the form of policy loans, they are nontaxable to the executive, so a CASD SERP benefit goes 30% to 45% further in after-tax purchasing power than other types of retirement benefits of the same amount.
Critics say yes, if all goes according to plan, CASD SERPs work very well but then ask what happens if various potential problems occur.
Another significant risk of CASD relates to the impact of an early termination of the arrangement.
Beyond the above considerations, it is imperative that credit unions contemplate the accounting impact of any CASD arrangement that is intended to continue into the executive's retirement.
"The CASD usually waives 50 per cent of the required fees when the litigating parties agree to resolve the dispute amicably.
The dispute is referred to the concerned court in case CASD has not resolved it amicably.