Answered by Dr. Hassan Elhais Question: I have a small company that delivers goods to clients. I signed a contract with another company but they breached the terms of the contract. When I filed a case in court the other company objected, as there is an arbitration clause in the contract and so they requested that the court does not rule on the matter and that it is instead ruled upon by an arbitration court. The court then told me that, due to the clause, I must file my case at an arbitration institute instead. I am afraid of making mistakes. What should I do?
Answer: In accordance with Article 203 of Civil Procedures Law No. 11 of 1992 and its amendments, if you signed a contract with an arbitration clause and then try to file a case at a regular court, the other party has every right to object in the first hearing. If such an objection has been submitted in the first hearing, the court is duty-bound to dismiss the case due to it not being in its jurisdiction. However, if such a challenge is raised after the first hearing, the case must continue as the other party was too late in lodging their objection. So, firstly, check when the objection was filed. If the company attended and did not object, you have the right to appeal the court's decision within 30 days. If the objection was submitted at the right time, then you must file the case in the arbitration court if you wish to proceed. However, it is common practice for most arbitration clauses to contain notice periods, so one party is obliged to send notice to the other to allow them time to comply with the requirement or to settle the dispute before filing the arbitration case. Check your contract for any such notice and, if present, it is advised that you should follow the procedure to try to find a solution before going to the arbitration court.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.
Contact Me
