Peter Matthew James Gray v Gibson, Dunn & Crutcher LLP [2016] DIFC CFI 012 (14 July 2016)

Peter Matthew James Gray v Gibson, Dunn & Crutcher LLP [2016] DIFC CFI 012 (14 July 2016)

The proceedings are stayed pending arbitration because the dispute is subject to a valid arbitration agreement, the Seat of Arbitration is undetermined or likely outside the DIFC, and Article 13 of DIFC Arbitration Law applies, affording the parties an opportunity to arbitrate.

Citation
[2016] DIFC CFI 012
Parties
Claimant / Respondent: Peter Matthew James Gray; Defendant / Applicant: Gibson, Dunn & Crutcher LLP
Jurisdiction
United Arab Emirates
Judgment Date
14 July 2016
Procedural Posture
Employment Dispute / Application for Stay Pending Arbitration
Outcome
Proceedings stayed pending arbitration; costs awarded to Defendant.
Legal Topics
Jurisdiction, Arbitration Agreement, Stay of Proceedings, Employment Termination
Employment Law Arbitration Jurisdiction Arbitration Agreement Stay of Proceedings Employment Termination

Case Brief

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Parties

Peter Matthew James Gray

Claimant / Respondent

Gibson, Dunn & Crutcher LLP

Defendant / Applicant

Procedural Posture

Employment Dispute / Application for Stay Pending Arbitration

Legal Issues

  1. 1 Whether the DIFC Courts have jurisdiction over the employment dispute given the existence of an arbitration agreement
  2. 2 Whether the arbitration agreement is enforceable against the employee under DIFC Arbitration Law

Ratio Decidendi

The proceedings are stayed pending arbitration because the dispute is subject to a valid arbitration agreement, the Seat of Arbitration is undetermined or likely outside the DIFC, and Article 13 of DIFC Arbitration Law applies, affording the parties an opportunity to arbitrate.

Court Disposition

Proceedings stayed pending arbitration; costs awarded to Defendant.

Orders

  • The proceedings in CFI-012-2016 be stayed pending the outcome of arbitration proceedings.
  • The Claimant shall pay the Defendant’s costs, to be determined by the Registrar if not agreed.