The Right To Waive

Legal Principle

The waiver of a right to refer a dispute to arbitration could be express or implied. However such a waiver has to be clear and unambiguous so as to avoid doubts about the intent of the party to wave the right.

Facts of the case

The claimant in this case was a Real Estate company in Dubai. The claimant filed a case in the court against the Respondent who is also a real estate company to direct the respondent to provide account statements of all collections made from the sale and re-sale process of real estate units. The statements were to also indicate the commissions which were due to the claimant including what amounts had been paid and how much was pending.