which jurisdiction to file a claim

[inver28]

I am a UK citizen who has been employed in Mozambique by an Italian company, with their expat employees hired by an entity regstered in Dubai.
My question is - which jurisdiction can I use to file a claim against contractual breach? (non payment of contractual benefits or of correct salary)

The contract clause states the following:
1. While working in Mozambique, employment shall also be governed by the laws applicable in the host location as well as those arising from this employment Contract.

2. The Agreement shall be governed by, and construed in accordance with, the laws of the United Arab Emirates.

3. The Parties agree that any dispute which cannot be resolved amicably and which arises under, out of or relating to the Agreement and any subsequent amendments of the Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by the UK Courts unless otherwise agreed by the Parties. The language to be used in the arbitral proceedings shall be English.


based on this, can I use any of the above 3 countries to file a claim?
If succesfully awarded from Mozambique, can I enforce outcome (payment) through UK or Dubai?

understand its not straightforward, appreciate any advice.
thanks

[atticus]

You need specialist advice on this difficult question

[MIKE770]

whoever drew the contract up - country and signed?

[inver28]

I am a UK citizen who has been employed in Mozambique by an Italian company, with their expat employees hired by an entity regstered in Dubai.
My question is - which jurisdiction can I use to file a claim against contractual breach? (non payment of contractual benefits or of correct salary)

The contract clause states the following:
1. While working in Mozambique, employment shall also be governed by the laws applicable in the host location as well as those arising from this employment Contract.

2. The Agreement shall be governed by, and construed in accordance with, the laws of the United Arab Emirates.

3. The Parties agree that any dispute which cannot be resolved amicably and which arises under, out of or relating to the Agreement and any subsequent amendments of the Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by the UK Courts unless otherwise agreed by the Parties. The language to be used in the arbitral proceedings shall be English.


based on this, can I use any of the above 3 countries to file a claim?
If succesfully awarded from Mozambique, can I enforce outcome (payment) through UK or Dubai?

understand its not straightforward, appreciate any advice.
thanks

thnks

[inver28]

You need specialist advice on this difficult question

understand, but advice from which country?

[inver28]

whoever drew the contract up - country and signed?

Company drew up contract with input from me ( the UK arbitration clause) - UAE, signed by me, no proof of signature by UAE entity.
Mozambique contract signed by both parties.

[atticus]

whoever is going to advise will need to see the full terms of the contract. I have a guess that you may use UK arbitration, but under UAE law. However, closer examination of the documents and circumstances may lead to a different answer.

[efpom]

https://u.ae/en/information-and-serv...abour-disputes