Mr. Giovanni v Gisselle Co. Advocates And Legal Consultants [2016] DIFC CFI 001 (31 March 2020)

Mr. Giovanni v Gisselle Co. Advocates And Legal Consultants [2016] DIFC CFI 001 (31 March 2020)

The Respondent is not currently authorised to operate as a law firm in the DIFC and thus does not qualify as a DIFC Body or Establishment under Article 5(A)(1)(a). The Agreement does not contain a specific, clear, and express provision opting in to DIFC Court jurisdiction as required by Article 5(A)(2). Therefore,...

Source-derived case information.

Citation
[2016] DIFC CFI 001
Parties
Claimant / Appellant: Mr. Giovanni; Defendant / Respondent: Gisselle Co. Advocates and Legal Consultants
Jurisdiction
United Arab Emirates
Judgment Date
31 March 2020
Procedural Posture
Appeal / Judgment After Appeal Hearing
Outcome
Appeal dismissed
Legal Topics
DIFC Court Jurisdiction, Employment Contract, Forum Non Conveniens
Employment Law Jurisdiction DIFC Court Jurisdiction Employment Contract Forum Non Conveniens

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Parties

Mr. Giovanni

Claimant / Appellant

Gisselle Co. Advocates and Legal Consultants

Defendant / Respondent

Procedural Posture

Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the DIFC Courts have jurisdiction over the employment dispute
  2. 2 Whether the Respondent qualifies as a DIFC establishment under Dubai Law No. 16 of 2011
  3. 3 Whether the parties expressly opted in to DIFC Court jurisdiction

Ratio Decidendi

The Respondent is not currently authorised to operate as a law firm in the DIFC and thus does not qualify as a DIFC Body or Establishment under Article 5(A)(1)(a). The Agreement does not contain a specific, clear, and express provision opting in to DIFC Court jurisdiction as required by Article 5(A)(2). Therefore, the DIFC Courts lack jurisdiction and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The parties shall bear their own costs.