• Share via facebook
  • Tweet this
  • Bookmark and Share

Signing a contract/lease? Read this now

Small print is a two-way street so cover your back too, says Shane McGinley

From Dubai Marina to Downtown, I’ve heard endlessly in the last few months about how rents are increasing and disputes between landlords and tenants are on the rise.

Elsewhere, disputes over customer service standards or employment contracts being broken also seem to be coming my way. Having written about enough legal disputes for more years than I can count on two hands I wouldn’t do anything without getting a cast iron contract and wouldn’t think of ever leaving a store without a receipt in hand.

So imagine if you could put a clause in every contract, agreement and interaction stating that the DIFC Courts would be the place to go to for all disputes.

The DIFC Courts is often thought of as the model for how the region should operate a legal system. It’s in English, easy to navigate and understand, has a brilliantly uncomplicated website and decisions are, in most cases, fast and straightforward.

But I’m not based in the DIFC or Dubai, you say? It doesn’t matter, as new legislation already in place has extended the jurisdiction of the court outside the DIFC, outside Dubai and to any contract that wishes to use it.

Speaking to Mark Beer, the CEO of DIFC Courts, it seems more and more contracts are putting in include a clause that the DIFC will be used in the event of any dispute and both parties agree to this.

Here’s the wording you need to include:

"Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre.

“Each party irrevocably submits to the jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out of or in connection with this contract being heard in the Courts of Dubai International Financial Centre on the grounds that it is an inconvenient forum (forum non conveniens).”

So the next flat lease you sign add this onto the end of it and if the landlord tries to break the terms of the lease you can haul him off to the courts.

With the Dubai economy back on its feet and people queuing up to buy apartments across the city, make sure you check the small print and take my advice: make sure the above clause is included and at least you’ll feel safer in the knowledge that, if something goes wrong, resolving it might be a little bit more painless.

And the DIFC Courts is also a global court, so whether you are in Doha, Riyadh, London or even Kabul or Timbuktu, I'd recommend adding the above clause to anything you sign.


Join the Discussion

Disclaimer:The view expressed here by our readers are not necessarily shared by Arabian Business, its employees, sponsors or its advertisers.

Please post responsibly. Commenter Rules

  • No comments yet, be the first!

Enter the words above: Enter the numbers you hear:

All comments are subject to approval before appearing

Most Discussed
  • 54
    Three UAE women attacked with hammer at London hotel

    I really feel that Arabian Business.Com should now close this comments page. This should be all about sympathy for the families not what it is/has turned... more

    Wednesday, 16 April 2014 1:06 PM - Adrienne
  • 51
    Why Dubai isn't a plastic city

    What is definitely not a plastic city. The Arabs have a culture dating back to several centuries. 50 years back Dubai was just a fishing village. Today... more

    Tuesday, 8 April 2014 3:49 PM - P. MADHUSUDAN
  • 48
    DMCC boss Ahmed Bin Sulayem entertains Robert Mugabe in Dubai

    @fga ''However today, simply because he decided to dispossess a few white farmers of their land and redistribute to the poorer indigenous blacks'' more

    Sunday, 13 April 2014 3:02 PM - Matt Williams