DIFC 030/2021

Merina v (1) Marwan (2) Marald

The initial dispute involved non-payment for hire of construction equipment. A key issue was whether the DIFC courts had jurisdiction and what law should apply. The Local Purchase Order which had begun the relationship of the parties included a clause on the use of arbitration for dispute resolution and the use of Abu Dhabi and UAE law. This had not been signed by the claimant. The claimants stated this had been overwritten by terms on bills which were stamped by the defendant and included a DIFC optin clause.

Background

The Claimant was Merina a company that supplied rental equipment and material handling, for construction sites, located in Dubai, UAE.

The First Defendant was Merwan a contracting company located in Dubai, UAE.

The Second Defendant was Merald a contracting company located in Abu Dhabi, UAE.

The underlying dispute arose over unpaid invoices issued for the hire of supplied manlift machines s by the Claimant to the Defendants.