Najem and Nex v Nashrah (DIFC Court of Appeal ARB-005-2025/1)

Procedural record

1. 30 July 2025United Arab Emirates

   30 July 2025United Arab Emirates

   Order with Reasons of the DIFC Court of Appeal in the case ARB-005-2025/1 dated 30 July 2025

   DIFC Court of Appeal

   Decision summary

   The Court of Appeal granted the renewed application for permission to appeal on grounds 1, 3 as amended, 4, 5, 6, 7, 9 and 11, and refused permission on grounds 2, 8, 10 and 12. It stayed enforcement of costs orders made against the appellants, required them to pay USD 80,000 into Court as security for the respondent's appeal costs within 35 days, expedited preparation of the appeal, and reserved the costs of the renewed application.

   Participants

   Estate of the Late Mr Najem

   Mr Nex

   Nashrah

   DIFC Court of Appeal

   Judge

   H.E. Chief Justice Wayne Martin

   Other

   Institutional administrator

   Hayley Norton

   Authorities cited

   10

   • Rules of the DIFC Courts, RDC 44.117
     court rule
   • Rules of the DIFC Courts, RDC 44.5
     court rule
   • Rules of the DIFC Courts, RDC 44.19
     court rule
   • Rules of the DIFC Courts, RDC 25.25
     court rule
   • UK Arbitration Act 1996, section 9
     statute
   • Dubai Decree No. 34 of 2021
     decree
   • DIFC Arbitration Law, Article 12(2)
     statute
   • DIFC Court Law 2004, Article 32
     statute
   • DIFC Contract Law, Articles 130 and 131
     statute
   • Carmon v Cuenda
     case