Jurisdiction over rental disputes within the DIFC

The DIFC Courts still maintain exclusive jurisdiction in relation to civil and commercial cases falling within One of the Five jurisdictional gateways set out in the relevant Law:

(a) Civil or commercial claims and actions to which the DIFC or any DIFC Body, DIFC Establishment or Licensed DIFC Establishment is a party;

(b) Civil or commercial claims and actions arising out of or relating to a contract or promised contract, whether partly or wholly concluded, finalized or performed within the DIFC or that will be performed or is supposed to be performed within the DIFC pursuant to express or implied terms stipulated in the contract;

(c) Civil or commercial claims and actions arising out of or relating to any incident or transaction which has been wholly or partly performed within the DIFC and is related to DIFC activities;

(d) Appeals against decisions or procedures made by DIFC Bodies where DIFC Laws and DIFC Regulations permit such appeals; or

(e) Any claim or action over which the DIFC Courts have jurisdiction in accordance with DIFC Laws and DIFC Regulations.

Cases are therefore clearly within the DIFC Courts’ exclusive jurisdiction if they either fall within One of the Five jurisdictional gateways (as mentioned above) or because the contracting parties have expressly agreed to submit to the DIFC Courts’ jurisdiction.

Dear Questioner,

Please note that the DIFC Courts would have jurisdiction over any rental dispute in the DIFC.

Moreover, in this regard the DIFC Small Claims Tribunal (Resolution of Rental Disputes) Order No.2 of 2014 directs and expressly provides that the Small Claims Tribunal will hear and determine all rental disputes where the amount of the claim does not exceed AED 500,000.

Hope the above answer gives you clarity on the jurisdiction. If not, kindly write to me.

Thank you.

Rajasree Ravivarma

cloudsdarker@gmail.com

0544461746