Ishtar Advocates & Legal Consultants v Iniko [2018] DIFC SCT 197 (08 July 2018)

Ishtar Advocates & Legal Consultants v Iniko [2018] DIFC SCT 197 (08 July 2018)

The DIFC Courts do not have jurisdiction because the dispute does not fall within any of the jurisdictional gateways under Article 5(A) of the Judicial Authority Law. There was no written contract specifically opting-in to DIFC Courts' jurisdiction, and the facts do not establish that the contract was concluded or performed in the DIFC.

Citation
[2018] DIFC SCT 197
Parties
Claimant/respondent: Ishtar Advocates & Legal Consultants; Defendant/applicant: Iniko
Jurisdiction
United Arab Emirates
Judgment Date
08 July 2018
Procedural Posture
Civil/commercial Claim (small Claims Tribunal) / Jurisdictional Challenge (preliminary Order)
Outcome
Defendant's application to contest jurisdiction granted; claim dismissed for lack of jurisdiction.
Legal Topics
Jurisdiction of DIFC Courts, Contractual Disputes, Opt in Jurisdiction Clauses
Civil Procedure Jurisdiction Jurisdiction of DIFC Courts Contractual Disputes Opt in Jurisdiction Clauses

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Parties

Ishtar Advocates & Legal Consultants

Claimant/respondent

Iniko

Defendant/applicant

Procedural Posture

Civil/commercial Claim (small Claims Tribunal) / Jurisdictional Challenge (preliminary Order)

Legal Issues

  1. 1 Whether the DIFC Courts have jurisdiction over the dispute between the parties
  2. 2 Whether the parties opted-in to DIFC Courts' jurisdiction via contract

Ratio Decidendi

The DIFC Courts do not have jurisdiction because the dispute does not fall within any of the jurisdictional gateways under Article 5(A) of the Judicial Authority Law. There was no written contract specifically opting-in to DIFC Courts' jurisdiction, and the facts do not establish that the contract was concluded or performed in the DIFC.

Court Disposition

Defendant's application to contest jurisdiction granted; claim dismissed for lack of jurisdiction.

Orders

  • The Defendant’s Application to contest jurisdiction is granted.
  • The DIFC Courts do not have jurisdiction to hear this dispute. The case is therefore dismissed.