Des contrats relatifs à la construction et au fonctionnement d'installations aux Emirats arabes unis avaient été conclus entre des personnes physiques et morales de diverses nationalités. Les demanderesses accusent la défenderesse d'un comportement délictuel lors d'une procédure arbitrale précédente relative aux mêmes contrats. L'une des questions qui doivent être tranchées par la sentence intérimaire est celle de savoir si la formulation de la clause d'arbitrage - « any dispute arising in connection with this Agreement » - inclut les demandes en responsabilité délictuelle.

• Champ d'application de la clause compromissoire

• Loi applicable

'The Respondent contends that under Dubai law an arbitration clause must be construed narrowly and the present clause does not include a dispute such as the present. . . . it is the Respondent's contention that the claim is a delictual or tortious claim and falls outside the scope of the arbitration clause, which under Dubai law must be construed narrowly. The Respondent also contends that the acts invoked as tortious are altogether outside the scope of the ICC Rules being ministerial or administrative in character, and, therefore, not business disputes.

The Claimants contend that the wording of the arbitration clause is wide enough to include delictual claims. The Claimants also contend that each of the claims, regardless of which Claimant raises it, may be characterized both as contractual and delictual. They are also sufficiently connected with the Management Agreement to be included in the scope of the arbitration clause. . . .

The Arbitrators' opinion

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In the submissions and during oral argument questions have been raised concerning the applicable law. As mentioned . . . above the Management Agreement contains a choice of law clause providing for the application of Dubai law to its construction and effect. Thus, Dubai law applies to all disputes' relating to the construction and effect of the Management Agreement. The parties have also agreed to the application of the ICC Rules. It follows that the provision in Article 13(5) thereof obliging the Arbitrators to take account of the provisions of the contract and the relevant trade usages also applies. Finally, to the extent problems must be decided that are not within the scope of these provisions, the Arbitrators find that Dubai law - Dubai being the seat of arbitration and also the closest connection of the contract - shall apply. It seems to the Arbitrators that at this time there is no need to go any further than this.

. . . . . . . . .

The Arbitrators find that the scope of the wording of the arbitration clause "any dispute arising in connection with this Agreement" is clear and does not lend itself to construction. It is very wide and covers any claim which arises, directly or indirectly, with any relationship to the Management Agreement, and whether the claim is contractual or delictual of nature. There is also no basis for constructing the clause or the ICC Rules as applicable only to commercial disputes. The claims raised are, therefore, within the scope of the arbitration clause.'