In a recent ruling in Carmon Reestrutura-engenharia E Serviços Técnios Especiais, (Su) LDA v Antonio Joao Catete Lopes Cuenda [2024] DIFC CA 003 (“Ruling”), the DIFC Court of Appeal (“Court”) reconsidered and overruled the position made in the (1) Sandra Holding Ltd (2) Nuri Musaed Al Saleh v (1) Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi [2023] DIFC CA 003 (“Sandra Holding”) decision issued last year. The Court…
In brief In a recent development, the Ruler of Dubai issued a decree that establishes a new Judicial Authority for the settlement of Jurisdiction Conflicts between the Courts of the Dubai International Financial Centre (“DIFC Courts”) and Judicial Authorities (“Judicial Authority”). The new Judicial Authority replaces the previously existing Joint Judicial Committee that existed under the Dubai Decree No. 19/2016 “On the Formation of the Judicial Tribunal for the Dubai Courts and the Centre’s Courts”…
In brief Unilateral jurisdiction clauses, commonly known as asymmetric jurisdiction agreements, are common in certain international commercial agreements, in particular in the context of international banking practice. These clauses permit one party to select the jurisdiction and forum for dispute resolution in respect of any claims it may have against the other party under the agreement, whilst not affording the counterparty with the same flexibility. In the case of Lara Basem Musa Khoury v Mashreq…
In brief In a landmark judgment issued on 6 September 2023 in (1) Sandra Holding Ltd (2) Nuri Musaed Al Saleh (together the “Respondents”) v. (1) Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi (together the “Appellants”) [2023] DIFC CA 003 (the “Judgment”), the DIFC Court of Appeal (CA) has overturned a Worldwide Freezing Order (WFO) issued by the Court of First Instance on the…