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Unpaid invoices: Legal options for advisory/consulting services company
Hi there,
I provide advisory/consulting services to my client. The client is based in DMCC, and my advisory company is in Meydan.
Three of my invoices have not been paid, despite sending three email reminders. Two of the invoices are two months overdue, and one invoice is one month overdue.
The contract specifies arbitration in DIFC courts.
What legal recourse do I have, and what should I do?

Hi
You can start by sending them a legal notice and if they don't make the payment even after receiving the notice, we can start with filing the arbitration case in accordance with the contract.
You can contact us by email.
Thanks

Hi,
As a preliminary step, we can send them a legal notice and then proceed with arbitration in DIAC Courts as that's where all the arbitration proceedings now take place.

Dear questioner,
This advice is subject to the review of the arbitration agreement.
You may file an arbitration case in DIAC, as the DIFC courts do not accept fresh arbitration cases but only enforce existing awards.
Going forward, it is better to reference the DIFC Courts Small Claims Tribunal as the opted jurisdiction and neutral venue (provided the claim is less than AED 500000).
Sample "Any dispute, difference, controversy, or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, or applicable remedies, shall be subject to the exclusive jurisdiction of the DIFC Courts Small Claims Tribunal ("the SCT").

Dear questioner,
As long as there is an arbitration clause, you need to proceed in arbitration as per the terms of the contract.

Dear questioner,
Considering the fact that the contract has an arbitration clause, your only legal option is to initiate a legal suit before DIFC courts.
Hi there,
We can assist you, if you wish to open a case against them, you will have to first inform them and give them prior notice of your intent to take legal action (Legal Notice).
However, you would need to look at your contract to see if there are any procedures for Notices or Disputes. If there are, proceed accordingly.
For any further assistance, you may contact us on phone or WhatsApp.