DIFC Judicial Tribunal Case No. 004/2016
Investment Group Private LTC V Standard Chartered Bank-004/2016
Type
Case
Court
Dubai International Financial Centre - Judicial Tribunal for Dubai Courts and Dubai International Financial Centre Courts
Jurisdiction
Dubai International Financial Centre
Taxonomy
Arbitration, Enforcement of Judgments, Jurisdiction & Choice of Law, General Contract Law, Financial Institutions, Lending & Security
Copyright
LexisNexis
Decision date
19 Dec 2016
Hearing/Judgment date
19/12/2016
Panel
Dr Ali Ibrahim Al Imam, Chief Justice of the Cassation Court and Chairman of the Judicial Tribunal for Dubai Courts and Dubai International Financial Centre Courts, Mr Michael Hwang, Chief Justice of Dubai International Financial Centre, Mr Essa Mohammad Sharif, Chief Justice of the Appeal Court, Mr Omar Juma Al Muhairi, Appeal Court Judge at DIFC, Sir David Steel, Judge of the First Instance Court, DIFC, Mr Jassim Baqer, Chief Justice of the First Instance Court
Catchwords
Judicial Tribunal – Competence – Recognition and enforcement of arbitral award
Summary
The claimant lodged the application requesting the Judicial Tribunal decide that Dubai Courts have the jurisdiction to hear the dispute between the claimant and the defendant filed under DIFC Case No. 026/2014 before DIFC Court and Case No. 765/2016 Commercial filed before Dubai Court of First Instance. It contended that DIFC Courts were not competent to entertain this case because the branch of the Bank was not a party to the transaction which occurred between the claimant and the defendant Bank's branch in Dubai.
To say otherwise would lead to an illogical conclusion that contradicts what is established in jurisprudence and judicial precedents in the country.