Arbitral Digest

Matter

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

  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.

    Supporting details

    10 authorities · 5 participants
    Estate of the Late Mr Najem
    Mr Nex
    Nashrah
    DIFC Court of Appeal
    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

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