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Dubai, UAE

Procedure of reclaiming a debt through DIFC arbitration

I am a private investor (individual) and I have a lending contract with a Sharjah FZE company represented by its director and shareholder, who also has other Dubai based company.

Returning the payments wasn't met despite reminders and extensions. The contract has a late-payment penalty clause and dues are well above the original amount.

The issuing bank (balance verification check) informed me that the security cheques were also invalid, as that the account had already been closed prior to issuing the cheques. The contract has a DIFC arbitration clause and UAE jurisdiction. The cheques are not formally cashed yet.

What are my options to pursue civil litigation or other debt-recovery means? Arbitration? DIFC SCT? DIFC CFI? Dubai Courts?

Current dues are in the range of US$100,000/- including ongoing penalties. I have a signed and stamped original contract, witness IDs, trade license and original security cheques.

I am seeking to engage legal expertise for a reasonable fee, preferably linked to a percentage of a successful claim.

Kochhar & Co Inc. Legal Consultants (Dubai Branch)
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19 Dec 2017, 11:07

If your contract says DIFC arbitration then it has to be filed before DIFC. We need to review the document and probably work the fee, face to face.

Please contact me at nikhat@kochhardubai.com

Mrs Nikhat S Khan (ACIArb) (TMC)

Partner

Empaneled Mediator – Dubai and India

Empaneled Arbitrator – UAE and India

Mob: +971 50 88 555 99 / Tel: +971 4 277 6075 / Fax: +971 4 277 6071

19 Dec 2017, 11:32

Thank you for the response. I will get in touch with you.

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