April 17, 2024 SCT - JUDGMENTS AND ORDERS
Claim No: SCT 068/2024
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
NED
Claimant/Respondent
and
NADINE
Defendant/Applicant
ORDER WITH REASONS OF JUSTICE LORD ANGUS GLENNIE
UPON reviewing the Order with Reasons of H.E. Justice Maha Al Mheiri dated 20 March 2024 (the “Order”)
AND UPON reviewing the Defendant’s Appeal Notice dated 1 April 2024 seeking permission to appeal the Order (the “Application for Permission to Appeal”)
AND UPON considering the Defendant’s letter dated 27 March 2024 filed in support of its Application for Permission to Appeal
AND UPON considering the Claimant’s Objection to the Application for Permission to Appeal dated 5 April 2024 and filed on 15 April 2024
IT IS HEREBY ORDERED THAT:
1. The Defendant’s Application for Permission to Appeal succeeds.
2. Each party shall bear its own costs.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 17 April 2024
At: 8am
SCHEDULE OF REASONS
1. I shall grant permission to appeal. In my view it is arguable that clause 7.6 of the Employment Contract provides for the exclusive jurisdiction of the Dubai (non-DIFC) Courts. Whether this is so and, if it is, whether such an exclusive jurisdiction clause is effective to oust the jurisdiction of the DIFC courts are matters upon which the Court does not appear to have been addressed in any detail. To my mind the point is clearly arguable.
2. I would suggest that the appeal be made the subject of an oral hearing.
3. Each party should bear its own costs of this application.
