DIFC 042/2021 issued on 3 May 2021
Lutyans v Litha
This case was an appeal of a Small Claims Tribunal decision to dismiss a case on the grounds of no jurisdiction because of an arbitration clause. The case involved a dispute between a member of an membership organisation and that organisation. A promised offer of a free period because of COVID restrictions on use of services had been withdrawn for financial reasons and the member had been sent a warning about behaviour which could lead to a termination of their membership. The organisation stated their rules included an arbitration clause so the tribunal lacked jurisdiction. The members claims included a claim for damages because of defamation as a result of the accusations. She stated she had never seen the rules containing the arbitration clause and an arbitrator could not be used in a defamation case.