DIFC 372/2023

Moruk v Mikri

This case involved a failure to pay for social media services. A key issue was whether the parties had opted into the jurisdiction of the DIFC Courts.

Background

The Claimant was Moruk, a company registered in Dubai.

The Defendant was Mikri, a company registered in Dubai.

On September 2023, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal seeking sums allegedly owed by the Defendant in relation to an undated social media management retainer agreement signed by the parties. The Claimant was seeking payment from the Defendant of AED 11,310.

The Defendant, in its acknowledgment of service dated 6 October 2023, indicated its intention to contest jurisdiction. The Defendant challenged the DIFC Courts’ jurisdiction to hear and determine this claim on the grounds that the Agreement stated that the Dubai Courts had exclusive jurisdiction to hear this dispute, not the DIFC Courts.

The parties did not dispute the existence of the Agreement. In addition to the Agreement, the Claimant had also filed with the Court evidence in the form of invoices raised and sent to the Defendant for payment.