Peter Matthew James Gray v Gibson Dunn and Crutcher LLP [2016] DIFC CA 012 (12 March 2017)

Peter Matthew James Gray v Gibson Dunn and Crutcher LLP [2016] DIFC CA 012 (12 March 2017)

Article 12(2) of the DIFC Arbitration Law does not apply to arbitrations where the seat is outside the DIFC or is undesignated; only Article 13 applies, requiring the DIFC Courts to stay proceedings in favour of arbitration. The arbitration agreement is enforceable and the appeal is dismissed.

Citation
[2016] DIFC CA 012
Parties
Claimant / Appellant: Peter Matthew James Gray; Defendant / Respondent: Gibson Dunn and Crutcher LLP
Jurisdiction
United Arab Emirates
Judgment Date
12 March 2017
Procedural Posture
Appeal / Judgment on Appeal From First Instance Decision
Outcome
Appeal dismissed
Legal Topics
Arbitration Agreement Enforceability, Jurisdiction of DIFC Courts, Seat of Arbitration, Employment Contract Disputes
Arbitration Employment Law Arbitration Agreement Enforceability Jurisdiction of DIFC Courts Seat of Arbitration Employment Contract Disputes

Case Brief

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Parties

Peter Matthew James Gray

Claimant / Appellant

Gibson Dunn and Crutcher LLP

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal From First Instance Decision

Legal Issues

  1. 1 Whether Article 12(2) of the DIFC Arbitration Law applies to arbitrations where the seat is outside the DIFC or is undesignated
  2. 2 Whether the arbitration agreement is enforceable against the employee under the DIFC Arbitration Law
  3. 3 Whether the DIFC Courts must stay proceedings in favour of arbitration under Article 13

Ratio Decidendi

Article 12(2) of the DIFC Arbitration Law does not apply to arbitrations where the seat is outside the DIFC or is undesignated; only Article 13 applies, requiring the DIFC Courts to stay proceedings in favour of arbitration. The arbitration agreement is enforceable and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Appellant’s Appeal is dismissed.
  • The Appellant is invited within 7 days to make submissions on why he should not be ordered to pay all the costs of the Respondent both in the Court of Appeal and in the Court of First Instance.