Italo LLC v Idell Construction LLC [2018] DIFC SCT 309 (20 November 2018)
The DIFC Courts have jurisdiction due to the parties' express written agreement. The Defendant, having failed to attend or defend, is liable for the unpaid invoices and court fees as claimed by the Claimant.
Source-derived case information.
- Citation
- [2018] DIFC SCT 309
- Parties
- Claimant: Italo LLC; Defendant: Idell Construction LLC
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 20 November 2018
- Procedural Posture
- Small Claims Tribunal / Judgment
- Outcome
- Claim allowed
- Legal Topics
- Jurisdiction, Unpaid Invoices, Opt in to DIFC Courts, Enforcement of Contractual Obligations
Commercial Law Contract Law Jurisdiction Unpaid Invoices Opt in to DIFC Courts Enforcement of Contractual Obligations
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Summary, issues, holding and outcome
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Parties
Italo LLC
Claimant
Idell Construction LLC
Defendant
Procedural Posture
Small Claims Tribunal / Judgment
Legal Issues
- 1 Whether the DIFC Courts have jurisdiction based on the parties' agreement
- 2 Whether the Defendant is liable for unpaid invoices under the contract
Ratio Decidendi
The DIFC Courts have jurisdiction due to the parties' express written agreement. The Defendant, having failed to attend or defend, is liable for the unpaid invoices and court fees as claimed by the Claimant.
Court Disposition
Claim allowed
Orders
- The Defendant shall pay the Claimant AED 88,385.03 for unpaid invoices.
- The Defendant shall pay the Claimant AED 4,419.25 as court fees.
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