The issue is can Mr. Saeed file a lawsuit against company A for not paying him or he has to take his dispute to the arbitrator. In article 5 of the arbitration agreement says that the arbitration agreement may be concluded before a dispute arises in the form of a separate agreement. A reference in a contract or any other document containing an arbitration clause constitutes an arbitration agreement, it has to be written and in article 8 the court of dispute is brought that is subject to an arbitration agreement shall decline to entertain the action If the defendant has so pleaded before submitting any request or plea on the merits. The two parties talked and stated clearly about the dispute clause. Therefore my Saeed should take the case to the lawsuit.