Verify that the person signing the arbitration agreement – which in many cases will be the main contract that contains the arbitration clause it contains – is empowered to enter into arbitration agreements. Note that in some jurisdictions, a special power of attorney is required. Verify that all parties are able to conclude the agreement. For example, French public authorities are not normally allowed to arbitrate in national arbitration proceedings, unless this is authorized by decree. Under Dubai law, if the Government of Dubai or its departments and companies are parties to a contract, the arbitration must take place in Dubai and be subject to Dubai`s procedures and laws, unless the Dubai ruler has granted a waiver. Normally, but not necessarily, it is the same as substantive contract law. Often, the arbitration agreement consists of one or another clause in the substantive contract and is subject to the law established in this contract. However, the law applicable to the arbitration agreement may be defined as another law. Unlike a novation where the consent of the lessor and the tenant is required to allow the third party to assume all the obligations and commitments of the original tenant, the assignment does not always require the agreement of all parties. If the terms of the contract expressly state that the assignment of the contract does not require the agreement of the owner, the reader may assign the contract to whomever the reader intends to assign. In the case of creditors, these principles protect both the pension beneficiary and the pension beneficiary. In Norman against Federal Commissioner of Taxation, a taxable person attempted to transfer by deed to his wife certain funds that he was ultimately to receive. These include dividends and interest on loans.
The Tribunal held that interest and dividends were expectations or opportunities that could not be awarded without consideration. The Tribunal`s concern was that un consideration could be used as fraud tools to avoid creditors and tax collection. As a general rule, the assignment of a contract consists of the following parties: a person may also assign his rights to receive the benefits due to a partner in partnership. . . .