Mr Philippe Choque v (1) Mondial (Dubai) LLC (2) FPA Ltd (3) Financial Partners Holding Limited [2013] DIFC CFI 026 (17 March 2014)

DIFC Courts lack jurisdiction because none of the parties are licensed, established, or have conducted business, transactions, or incidents in the DIFC, nor is there any written agreement conferring DIFC jurisdiction.

Citation: [2013] DIFC CFI 026
Parties: Claimant/respondent: Philippe Choque; Applicant/first Defendant: Mondial (Dubai) LLC; Second Defendant: FPA Ltd; Third Defendant: Financial Partners Holding Limited
Jurisdiction: United Arab Emirates
Judgment Date: 17 March 2014
Procedural Posture: Jurisdictional Challenge / Ruling on Jurisdiction
Outcome: Application contesting jurisdiction granted; DIFC Courts lack jurisdiction.
Legal Topics: Jurisdiction, Financial Services, Contract Law

Civil Procedure Jurisdiction Financial Services Contract Law

Case Brief

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Parties

Philippe Choque

Claimant/respondent

Mondial (Dubai) LLC

Applicant/first Defendant

FPA Ltd

Second Defendant

Financial Partners Holding Limited

Third Defendant

Procedural Posture

Jurisdictional Challenge / Ruling on Jurisdiction

Legal Issues

1 Whether DIFC Courts have jurisdiction over the dispute involving Mondial (Dubai) LLC and the Claimant

Ratio Decidendi

Court Disposition

Application contesting jurisdiction granted; DIFC Courts lack jurisdiction.

Orders

First Defendant Mondial is entitled to its costs of the application and hearing, on the standard basis to be assessed if not agreed.