DIFC 001/2016
Mr Giovanni v Gisselle Co. Advocates And Legal Consultants
The initial dispute involved amount due to an individual who had initially been an employee, later a partner in a law firm and there had been an agreement to end the partnership. The key issue was whether the DIFC courts had jurisdiction. Under the terms of the contract the parties had agreed to follow DIFC law but had not opted into the jurisdiction of the DIFC courts. The law firm had subsequently set up a branch in the DIFC but could not be treated as a DIFC entity as regulatory approval to operate as a law firm there had not been given.
Background
The Appellant, Mr Giovanni was an employee of the Respondent, Gisselle & Co. Advocates and Legal Consultants, a law firm registered in Dubai.
On 28 February 2011, the parties entered into a partnership agreement, which was subsequently amended on 31 October 2011. On 12 January 2014 the Respondent served notice of intention to terminate the partnership effective from 15 May 2014. On 18 February 2014 the parties entered into an exit agreement establishing the terms and conditions for ending the partnership.