September 18, 2025 court of first instance - Orders
Claim No. CFI 071/2025
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
AGRO RESOURCE TARIM GIDA IC VE DIŞ TICARET A.S.
Claimant
and
PROMISING INTERNATIONAL TRADING CO. DMCC
Defendant
ORDER WITH REASONS OF H.E. JUSTICE NASSIR AL NASSER
UPON the Claimant’s Part 7 Claim Form dated 10 July 2025 (the “Claim”)
AND UPON Defendant’s Acknowledgement of Service dated 19 August 2025
AND UPON the Defendant’s Application No. CFI-071-2025/1 dated 19 August 2025, seeking extension of time to file an application to contest the DIFC Courts’ until 30 November 2025 (the “Application”)
AND UPON the Claimant’s evidence in answer to the Application dated 29 August 2025
AND UPON reviewing the case file
AND PURSUANT TO the Rules of the DIFC Courts (the “RDC”)
IT IS HEREBY ORDERED THAT:
1. The Application is rejected.
2. The Defendant shall file an application to contest jurisdiction by no later than 7 days from the date of this Order.
3. The Defendant shall pay the Claimant the cost of this Application to be assessed after filing the statement of costs within 5 days from the date of this Order.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 18 September 2025
At: 8am
SCHEDULE OF REASONS
1. The Claimant is Agro Resource Tarim Gida İç Ve Diş Ti̇caret A.ş., (the “Claimant”), a company registered and located in Istanbul, Turkey.
2. The Defendant is Promising International Trading Co. Dmcc, (the “Defendant”), a company registered and located in DMCC, Dubai, UAE.
3. On 10 July 2025, the Claimant filed a claim against the Defendant claiming the sum of AED 10,870,306.20 (the “Claim”).
4. On 6 August 2025, the Defendant filed an Acknowledgment of Service with the intention to contest the Jurisdiction of the DIFC Courts.
5. On 19 August 2025, the Defendant filed the Application seeking an extension of time to file an application to contest the DIFC Courts’ jurisdiction to 30 November 2025. The Defendant submits that the reason of its Application is because the Agreement between the parties contains a binding arbitration clause and a mandatory mediation step requiring disputes first to be referred to mediation.
6. The Defendant submits that on 5 August 2025, it invoked the mediation clause and invited the Claimant to participate in mediation under clause 16, however, no response has been received. The Defendant adds that the mediation is expected to take at least one month, and any jurisdictional challenge should properly be made once that contractual step is exhausted.
7. The Claimant in response submits that prior to issuing proceedings, the Claimant attempted mediation via the DMCC Dispute Centre by way of email dated 2 April 2025, the DMCC declined to administer/accept the mediation and effectively directed the parties to court proceedings. On 5 April 2025, the Claimant also pursued external mediation directly with the Defendant. However, the Defendant failed to respond.
8. The Defendant acknowledged the Claim with the intention to contest the jurisdiction of the DIFC Courts on 6 August 2025. The Defendant had 14 days to file anapplication to contest the jurisdiction of the DIFC Courts, however, the Defendant decided on 19 August 2025 to file this Application for extension to 30 November 2025 on the reason that the parties should resort to mediation first. Upon reviewing the evidence provided, it appears that the Claimant prior to filing the Claim made an effort for mediation. However, the Defendant failed to respond.
9. I find it unreasonable to delay the matter until 30 November 2025, when the Claimant tried to resort to mediation without any response and after the Claimant initiates proceedings, the Defendant tries to mediate. I find that the Defendant’s Application is unreasonable.
10. Therefore, I shall reject the Defendant’s Application for extension and order the Defendant to file his Application to contest the jurisdiction of the Courts within 7 days from the date of this Order.
11. I also find that the Defendant shall pay the Claimant’s cost of this Application to be assessed after the Claimant files its statement of costs within 5 days from the date of this Order.
