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This argument fails for several motives. Cessna has not been served; Cessna hasn't still been summoned; and, there has been no "to start with hearing" yet. Cessna has taken no action which could represent a waiver. No authority was adduced by Respondents one and 3 to support their bald assertion that mere familiarity with the Dubai Court Proceeding with no appropriate services in addition to a failure to voluntarily post constitutes a waiver of the right to arbitrate. This Tribunal disagrees absolutely with that submission. Right support is really a elementary prerequisite of any judicial technique, one particular which can be also acknowledged through the Dubai Courtroom alone which has continually adjourned that continuing to allow good support on Cessna through diplomatic channels. There's been no purchase to validate almost every other form of services. Consequently, this Tribunal now determines that Cessna has at no time waived its proper to arbitrate.
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The Claimant was allowed to amend the quantity of its claim. The Respondents were not prejudiced with the amendments and got sufficient chance to reply all over, each ahead of and after the Terms of Reference had been finalized. The Claimant also paid the balance from the readjusted advance on costs which were brought on by the increased promises as set out during the Claimant Memorial. As a result there isn't any have to further tackle that situation.