Lennox Llc v Laryn Engineering Llc 2020 [DIFC] SCT 162 (04 June 2020)

Lennox Llc v Laryn Engineering Llc 2020 [DIFC] SCT 162 (04 June 2020)

The DIFC Courts have jurisdiction because the parties expressly agreed in writing, through the Hire Agreement and invoices, to refer disputes to the DIFC Courts, satisfying the requirements of Article 5(A)(2) of the Judicial Authority Law.

Parties
Claimant: Lennox LLC; Defendant: Laryn Engineering LLC
Jurisdiction
United Arab Emirates
Judgment Date
04 June 2020
Procedural Posture
Jurisdiction Application / Interlocutory Ruling
Outcome
Defendant's application to contest jurisdiction denied; DIFC Courts have jurisdiction.
Legal Topics
Jurisdiction, Contractual Clauses, Opt in Jurisdiction, Small Claims Tribunal

Case Brief

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Parties

Lennox LLC

Claimant

Laryn Engineering LLC

Defendant

Procedural Posture

Jurisdiction Application / Interlocutory Ruling

  1. 1 Whether the DIFC Courts have jurisdiction over the dispute based on an opt-in clause in the Hire Agreement

Ratio Decidendi

The DIFC Courts have jurisdiction because the parties expressly agreed in writing, through the Hire Agreement and invoices, to refer disputes to the DIFC Courts, satisfying the requirements of Article 5(A)(2) of the Judicial Authority Law.

Court Disposition

Defendant's application to contest jurisdiction denied; DIFC Courts have jurisdiction.

Orders

  • The Defendant’s application to contest jurisdiction is denied.
  • The DIFC Courts have jurisdiction to hear and determine this claim.