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Jurisdiction of the DIFC Court

26/04/21

On 26 April 2021, the DIFC CA handed down judgment in Goel and others v Credit Suisse (Switzerland) Limited [CA-002-2021]. This is the most important decision of the DIFC CA on jurisdiction since the opt-in provisions came into force in 2011.

The case concerned Personal Guarantees which provided for the jurisdiction of the “Courts of Dubai”. It was common ground that there was no jurisdiction under Article 5(A)(1) of the Judicial Authority Law. Jurisdiction was originally rejected ex parte by HE Justice Al Madhani on the basis that the words “Courts of Dubai” were not sufficiently specific, clear and express for the purposes of opting into the DIFC Court’s jurisdiction under Article 5(A)(2) of the Judicial Authority Law. Justice Wayne Martin held at an inter partes hearing that the DIFC CFI had jurisdiction to hear and determine any substantive claim by the Bank including a claim for a WFO. The DIFC CA upheld the decision of Justice Wayne Martin.

The judgment is here.

Vernon Flynn QC was instructed by Emirates Legal for the Appellant.