Arbitral Digest

Matter

Muhallam v Muhaf (DIFC Court of First Instance ARB 021/2022)

Case no.
DIAC Arbitration No. 60 of 2022
  1. 7 July 2020United Arab Emirates

    7 July 2020United Arab Emirates

    Judgment of the DIFC Court in the case ARB-017-2019 dated 7 July 2020

    DIFC Court

    Decision summary
    The Court amended an enforcement order to correct discrepancies between the order and the arbitral award it recognised, holding that an order recognising an arbitral award must not exceed or deviate from the award.

    2 years, 4 months and 9 days later · 862 days

  2. 16 November 2022Arbitration

    16 November 2022Arbitration

    Provisional Award on Interim Relief

    Decision summary
    The tribunal ordered Muhaf to provide Muhallam with security in cash or kind in the amount of USD 90,826,522.

    Supporting details

    3 participants
    Muhallam
    Muhaf
    Nessim

    10 months and 3 days later · 307 days

  3. 19 September 2023United Arab Emirates

    19 September 2023United Arab Emirates

    Order of the DIFC Court of First Instance in the case ARB 021/2022 dated 19 September 2023

    DIFC Court of First Instance

    Decision summary
    The Court dismissed Muhaf’s application disputing the DIFC Court’s jurisdiction and seeking to set aside the enforcement order. It held that an interim measure in the form of an arbitral award may be recognised and enforced under Articles 42 and 43 of the DIFC Arbitration Law, including where the arbitration is seated outside the DIFC.

    Supporting details

    6 authorities · 3 participants
    Muhallam
    Muhaf
    DIFC Court of First Instance

    Authorities cited

    6
    • DIFC Arbitration Law
      statute
    • DIFC Court Law
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
      treaty
    • UNCITRAL Model Law on International Commercial Arbitration
      model law
    • The GAR Guide to Challenging and Enforcing Arbitration Awards, “Enforcement of Interim Measures”
      academic
    • ARB-017-2019 judgment dated 7 July 2020 (ARB-017-2019)
      case

    11 months and 9 days later · 344 days

  4. 28 August 2024United Arab Emirates

    28 August 2024United Arab Emirates

    Order of the DIFC Court of First Instance in the case ARB 021/2022 dated 28 August 2024

    DIFC Court of First Instance

    Decision summary
    The Court granted Muhallam’s contempt application and granted permission to issue a writ of sequestration against Muhaf’s assets. It found Muhaf guilty of contempt for failing to comply with the enforcement and fixing-of-time orders, imposed a USD 100,000 fine payable within 21 days, referred the contempt to the Attorney General of Dubai for consideration of committal, and ordered payment of the claimant’s costs.

    Supporting details

    1 authority · 3 participants
    Muhallam
    Muhaf
    DIFC Court of First Instance

    Authorities cited

    1
    • Rules of the DIFC Courts (RDC)
      court rules

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Muhallam v Muhaf (DIFC Court of First Instance ARB 021/2022) · Matter