DIFC 396/2023
Moosub v Mior
This case involved a loan agreement. A key issue was whether the DIFC Small Claims Tribunal had jurisdiction. It was claimed there had not been a suitable opt in to the jurisdiction as there was an arbitration option and that the case was too complext to be heard by the SCT,
Background
The Claimant was Moosub an individual residing in the USA
2. The Defendant was Mior an individual residing in Dubai.
This dispute arose out of a loan agreement entered into between the parties on 1 August 2012 whereby the Claimant extended to the Defendant a loan amount of AED 654,000.
The Claimant filed his claim with the DIFC Courts Small Claims Tribunal on 9 October 2023 seeking repayment of the Loan Amount by the Defendant, in accordance with the terms of the Loan Agreement.
The Defendant’s Acknowledgement of Service dated 13 October 2023 set out his intention to contest the DIFC Courts’ jurisdiction. This was supported by a jurisdiction challenge that was duly responded to by the Claimant on 24 October 2023. Clause 3.2.1 of the Loan Agreement stated: