Awarding Arbitration

Claim
A commercial action was filed by a local company ("the Claimant") before the Abu Dhabi Court against a Hotel operating in the UAE ("the Defendant"). The contract between the parties contained an arbitration clause. Accordingly, the Claimant sought assistance from the court to appoint an arbitrator. The dispute between the parties related to the Defendant's unilateral termination of usufruct contracts between the parties. The Claimant, who considered the Defendant's termination to be unlawful, also desired that the arbitrator assess the quantum of damages suffered by virtue of the purported unlawful termination.

Facts of the Case
The Claimant was the owner of a Hotel. It had entered into four usufruct contracts with the Defendant with respect to that Hotel. The Claimant argued that it had fulfilled all its contractual obligations, but that the Defendant had taken possession over three out of four outlets and closed them down. It was the Claimant's case that