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
Summary, issues, holding and outcome
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Parties
Lennox LLC
Claimant
Laryn Engineering LLC
Defendant
Procedural Posture
Jurisdiction Application / Interlocutory Ruling
Legal Issues
- 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.
Full Case Text
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