DIFC 262/2017

Haima Group Management Ltd v Heber Bank PJSC

Summary

The claimant company was registered and licensed in the DIFC and operated a business process outsourcing company. It held a bank account with the defendant bank, which was based in Dubai. The dispute concerned a letter of guarantee provided in favour of a Saudi beneficiary from the claimant's bank account in connection with the beneficiary's invitation to tender in connection with a bid bond. The claimant alleged that the defendant issued the guarantee to the beneficiary without the claimant's authorisation, and without any of the conditions in the bid bond being met. The claimant issued proceedings in the DIFC Small Claims Tribunal for loss said to have resulted. The defendant challenged the jurisdiction of the DIFC court. The claimant contended that the court had jurisdiction by virtue of Article 5(A)(1)(a)a of Dubai Law 12/2004 as amended (the Judicial Authority Law) on the basis that it was a DIFC entity.