DIFC 003/2021
Lural v (1) Listran (2) Lokhan
This case involved a dispute where there had been a DIFC exclusive jurisdiction clause but an Abu Dhabi Court had made a ruling. Key issues included whether the ruling had to be a final one and the relevance of the ability of the judgment to be recognised by the DIFC Court.
Background
At the conclusion of the hearing on 1 February 2021, the Court made an order allowing the appeal and declaring that the DIFC Court had, pursuant to Article 5 (A)(1)(a), 5 (A)(1)(b) and 5 (A)(2) of Dubai Law No. 12/2004 (as amended)(the Judicial Authority Law or JAL), exclusive jurisdiction over both the dispute referred to the DIFC Court in respect of the breach of the exclusive jurisdiction clause in the agreement between the Appellant Lural) and the Respondents and over the dispute determined by the Abu Dhabi Court, which related to an investment which had led to significant losses on the part of the First Respondent, allegedly as a result of breaches of contract and/or duty by Lural. The Court made ancillary orders in relation to costs and stated that its reasons would follow.