Sky News Arabia FZ-LLC v Kassab Media FZ (LLC) [2016] DIFC CFI 007 (20 June 2016)

Sky News Arabia FZ-LLC v Kassab Media FZ (LLC) [2016] DIFC CFI 007 (20 June 2016)

The DIFC Courts have jurisdiction based on the parties' clear opt-in clause; exclusion of Ms. Susie Abdel-Nabi's witness statement is mandated by Practice Direction 1 of 2016; Mr. Kelvin Barker's witness statement is admissible; commercial agency laws do not override the jurisdiction clause as no registered agency contract exists.

Citation
[2016] DIFC CFI 007
Parties
Claimant / Respondent: SKY NEWS ARABIA FZ-LLC; Defendant / Applicant: KASSAB MEDIA FZ (LLC)
Jurisdiction
United Arab Emirates
Judgment Date
20 June 2016
Procedural Posture
Civil Breach of Contract / Jurisdiction and Evidence Applications, Interlocutory Judgment
Outcome
Defendant's jurisdiction challenge denied; exclusion of Ms. Susie Abdel-Nabi's witness statement granted; exclusion of Mr. Kelvin Barker's witness statement denied; costs awarded.
Legal Topics
Opt in Jurisdiction, Commercial Agency, Exclusion of Evidence, Practice Direction Compliance
Commercial Law Contract Law Jurisdiction Opt in Jurisdiction Commercial Agency Exclusion of Evidence Practice Direction Compliance

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Parties

SKY NEWS ARABIA FZ-LLC

Claimant / Respondent

KASSAB MEDIA FZ (LLC)

Defendant / Applicant

Procedural Posture

Civil Breach of Contract / Jurisdiction and Evidence Applications, Interlocutory Judgment

Legal Issues

  1. 1 Whether DIFC Courts have jurisdiction based on opt-in clause
  2. 2 Whether witness statements should be excluded under Practice Direction 1 of 2016
  3. 3 Whether commercial agency laws override jurisdiction clause

Ratio Decidendi

The DIFC Courts have jurisdiction based on the parties' clear opt-in clause; exclusion of Ms. Susie Abdel-Nabi's witness statement is mandated by Practice Direction 1 of 2016; Mr. Kelvin Barker's witness statement is admissible; commercial agency laws do not override the jurisdiction clause as no registered agency contract exists.

Court Disposition

Defendant's jurisdiction challenge denied; exclusion of Ms. Susie Abdel-Nabi's witness statement granted; exclusion of Mr. Kelvin Barker's witness statement denied; costs awarded.

Orders

  • Ms. Susie Abdel-Nabi's witness statement excluded from evidence.
  • Mr. Kelvin Barker's witness statement admitted into evidence.