Latest articles
MIPUL v MERONRESTAURANT [2023] DIFC SCT 238 — Breach of Asset Purchase Agreement (13 September 2023)
The Small Claims Tribunal clarifies the evidentiary burden for parties alleging non-fulfillment of conditions precedent in asset transfer agreements.
HALE v HAYDEE SALON [2017] DIFC SCT 238 — Employment dispute over overtime and public holiday entitlements (23 November 2017)
The Small Claims Tribunal clarifies the burden of proof for overtime claims and confirms the application of UAE Labour Law standards for public holidays within the DIFC.
LINUX v LIZETH [2022] DIFC SCT 237 — Breach of contract and NDA claims in software development (27 July 2022)
The Small Claims Tribunal clarifies the impact of contractual acceptance periods and court-sanctioned compliance on allegations of breach of contract and non-disclosure agreements.
IRVEN v IMAAR DIFC [2018] DIFC SCT 237 — SCT jurisdiction over employment claims under AED 500,000 (06 August 2018)
The dispute centers on an employment claim filed by the Claimant, Irven, against his former employer, Imaar DIFC. The Claimant sought recovery of various unpaid expenses and allowances, including shipping costs for personal belongings and travel tickets, totaling AED 265,785.02.
Harvika v Haji [2017] SCT 237 — Small Claims Tribunal adjudication on tenancy termination and security deposit recovery (21 December 2017)
The dispute centered on the Claimant’s attempt to terminate a commercial lease for a retail unit in the DIFC after failing to secure a residency visa necessary to operate a laundry business.
HASIA v HOWIE [2017] DIFC SCT 237 — Enforceability of lease break clauses in DIFC tenancy contracts (23 November 2017)
This Small Claims Tribunal judgment clarifies the application of contractual 'lease break' provisions and confirms the Court’s jurisdiction over tenancy disputes involving commercial premises located within the DIFC.
MIKHAT v METIN [2023] DIFC SCT 235 — Procedural correction of party identity in the Small Claims Tribunal (24 August 2023)
The dispute originated from a Franchise Agreement executed between the actual contracting party, Mublai, and the Defendant, Metin. However, when the claim was initiated on 20 June 2023, the documentation failed to reflect the correct legal entity.
IRMAK (DUBAI) LIMITED v ISADORE [2018] DIFC SCT 235 — Jurisdiction in the wake of corporate name changes (17 July 2018)
The litigation arose from an alleged breach of an employment contract between the Claimant, Irmak (Dubai) Limited, and its former employee, the Defendant, Isadore. The Claimant alleged that the Defendant, while employed as a Senior Recruitment Officer, maintained an undisclosed conflict of interest…
LEMAR v LALIMA [2021] DIFC SCT 234 — Dismissal of property claim due to lack of evidence and concurrent enforcement proceedings (20 October 2021)
The dispute arose from a tenancy relationship between Lemar, a beauty and health care service provider, and Lalima, the landlord of a retail unit within the DIFC. Following a prior judgment that ordered Lemar to vacate the premises and pay significant arrears, Lemar initiated this claim seeking the…
NOAH v NEVEAH LLC [2023] DIFC SCT 233 — Dismissal of application for permission to appeal regarding employment status (02 February 2024)
The dispute arose from a claim for end-of-service entitlements filed by the Claimant, Noah, against Neveah LLC (DIFC). The Claimant asserted that she was an employee of the DIFC-registered entity and was entitled to financial compensation following her termination.
MUSTAK v MUBRAG [2023] DIFC SCT 233 — Employment status and pension contribution liability (11 December 2023)
The dispute centered on the classification of the professional relationship between Kaouther Mustak and Mubrag (DIFC). The claimant, who served as a Public Relations Officer from 2012 until her termination in December 2022, sought end-of-service entitlements and pension-related compensation.
MARTIN v MASON CAR RENTAL [2022] DIFC SCT 233 — Insurance excess liability and police report classifications (24 August 2022)
The dispute centered on the Claimant’s attempt to recover funds deducted by the Defendant following a traffic accident involving a leased vehicle. The Claimant, Martin, entered into a "Subscription Agreement" for a one-month vehicle lease.
LOHITH v LOKESH’S RESTAURANT AND LOUNGE [2020] DIFC SCT 232 — Employment entitlements and COVID-19 emergency measures (03 September 2020)
The dispute concerned the final settlement of end-of-service entitlements following the termination of the Claimant, Lohith, by the Respondent, Lokesh’s Restaurant and Lounge DIFC/Loshan Consulting Group.
HENRIETTA v HALSTEAD MIDDLE EAST [2017] DIFC SCT 231 — Employment claims dismissed for lack of evidence (11 October 2017)
The dispute centered on the termination of the Claimant's employment as a senior graphic designer. Following the conclusion of his contract, the Claimant initiated proceedings seeking various financial remedies, including the cost of family air tickets, a 2016 discretionary bonus, and compensation…
NAAJIYA v NAZIA [2024] DIFC SCT 229 — jurisdictional dismissal for lack of nexus (21 August 2024)
The Small Claims Tribunal clarifies the strict application of jurisdictional gateways under the Judicial Authority Law when neither party maintains a presence within the DIFC.
Nihan v Nyasia [2024] DIFC SCT 228 — Breach of contract and professional negligence in immigration services (31 October 2024)
The DIFC Small Claims Tribunal affirms the duty of care owed by immigration service providers, holding them liable for financial losses resulting from inadequate guidance and failure to manage third-party professional relationships.
MAHI v MAHA [2023] DIFC SCT 228 — Jurisdictional threshold for employment claims in the Small Claims Tribunal (17 July 2023)
This order clarifies the mandatory procedural requirements for maintaining employment-related litigation within the DIFC Small Claims Tribunal when the claim value exceeds the standard AED 500,000 threshold.
NETTA v NOVIA [2024] DIFC SCT 227 — SCT jurisdiction and party amendment for self-represented litigants (16 July 2024)
The dispute arises from a commercial agreement entered into on 14 February 2024 between the Claimant and the Defendant company, Novia. The Claimant, acting as the owner of Netta, alleges that the Defendant failed to settle outstanding invoices following a change in management at the company.
IZRAM v IVAAH LIMITED [2018] DIFC SCT 226 — Employment entitlements and Article 18 penalties during visa processing delays (29 July 2018)
The Small Claims Tribunal clarifies that an employer’s failure to process a residency visa does not negate contractual obligations, confirming that statutory entitlements and Article 18 penalties apply regardless of the employee's visa status.
NANETTE v NEO [2024] DIFC SCT 225 — Employer liability for DEWS contributions during probation (29 July 2024)
The Small Claims Tribunal clarifies that an employer’s contractual obligation to enroll an employee in the DIFC Employee Workplace Savings (DEWS) scheme takes precedence over probationary status unless a formal deferral is evidenced.
Larti v Lotsu [2022] DIFC SCT 225 — Employment debt and gratuity entitlement (10 August 2022)
The Small Claims Tribunal clarifies the interplay between profit-share remuneration structures and statutory end-of-service gratuity entitlements under DIFC Employment Law.
Gaetan Inc v Geneva Investment Group [2016] DIFC ARB 010: The Fatal Intersection of Commercial Agency and Seat Ambiguity
How a failure to define the arbitral seat and a collision with Federal Law No. 18 of 1981 derailed a multi-million dollar dispute.
MILO v MAYUR [2023] DIFC SCT 224 — Jurisdictional challenge regarding corporate veil and contractual privity (01 August 2023)
The litigation originated from a claim for unpaid invoices, which the Claimant, Milo LLC, sought to recover from the Defendant, Mayur Limited. The Claimant, a free zone establishment based in Ajman, initially filed the claim in the SCT against a representative of the Defendant in their personal…
MIPIL v MIWERT and MEROB [2023] DIFC SCT 223 — Permission to appeal regarding share purchase and settlement agreement liability (12 October 2023)
The DIFC Small Claims Tribunal clarifies the threshold for granting permission to appeal and reaffirms that a party in breach of its own contractual obligations cannot successfully claim damages for a counterparty's failure to perform.