{"id":2159,"date":"2026-07-26T13:42:38","date_gmt":"2026-07-26T13:42:38","guid":{"rendered":"https:\/\/albiddalawfirm.com\/news\/%d8%a5%d9%86%d9%81%d8%a7%d8%b0-%d8%b4%d8%b1%d8%b7-%d8%aa%d8%ad%d9%83%d9%8a%d9%85-%d9%88%d8%a7%d8%b1%d8%af-%d9%81%d9%8a-%d9%85%d8%b0%d9%83%d8%b1%d8%a9-%d8%aa%d9%81%d8%a7%d9%87%d9%85-%d9%85%d8%b1%d8%aa\/"},"modified":"2026-07-28T12:57:00","modified_gmt":"2026-07-28T12:57:00","slug":"enforcement-of-an-arbitration-clause-contained-in-a-memorandum-of-understanding-connected-to-a-construction-contract","status":"publish","type":"news","link":"https:\/\/albiddalawfirm.com\/en\/news\/enforcement-of-an-arbitration-clause-contained-in-a-memorandum-of-understanding-connected-to-a-construction-contract\/","title":{"rendered":"Enforcement of an Arbitration Clause Contained in a Memorandum of Understanding Connected to a Construction Contract"},"content":{"rendered":"<p>An arbitral award was issued in favor of a client of Al-Bidda Law Firm in a construction dispute, after the arbitral tribunal accepted jurisdiction over the claim on the basis of an arbitration clause contained in a memorandum of understanding separate from the construction contract from which the disputed debt arose.<\/p>\n<p>The central legal question was whether the arbitration agreement contained in a separate instrument extended to the dispute arising from the main contract, particularly given the other party\u2019s insistence that the memorandum of understanding was distinct from the construction contract. The firm undertook to demonstrate the substantive connection between the two instruments and their relationship to the same project and to the financial obligations arising from its execution.<\/p>\n<p>The defense relied on the principle that an arbitration agreement need not be contained in the main contract itself, provided it is established in writing and connected to the relationship from which the dispute arose. It was also explained that the interpretation of the clause\u2019s scope should take into account the intention of the parties, the nature of the documents exchanged between them, and the unity of the project within which those documents were organized.<\/p>\n<p>The arbitral tribunal accepted jurisdiction over the dispute on the basis of the agreed clause, and then ruled on the claims before it. The case highlights the importance of reading contractual documents as an interconnected whole, and of not confining the effect of an arbitration clause to the instrument in which it appears where its close connection to the contract and the project in dispute is established.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>An arbitral award was issued in favor of a client of Al-Bidda Law Firm in a construction dispute, after the arbitral tribunal accepted jurisdiction over the claim on the basis of an arbitration clause contained in a memorandum of understanding separate from the construction contract from which the disputed debt arose. The central legal question [&hellip;]<\/p>\n","protected":false},"featured_media":0,"menu_order":10,"template":"","news-category":[32],"class_list":["post-2159","news","type-news","status-publish","hentry","news-category-news"],"_links":{"self":[{"href":"https:\/\/albiddalawfirm.com\/en\/wp-json\/wp\/v2\/news\/2159","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/albiddalawfirm.com\/en\/wp-json\/wp\/v2\/news"}],"about":[{"href":"https:\/\/albiddalawfirm.com\/en\/wp-json\/wp\/v2\/types\/news"}],"wp:attachment":[{"href":"https:\/\/albiddalawfirm.com\/en\/wp-json\/wp\/v2\/media?parent=2159"}],"wp:term":[{"taxonomy":"news-category","embeddable":true,"href":"https:\/\/albiddalawfirm.com\/en\/wp-json\/wp\/v2\/news-category?post=2159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}