Arbitral Digest

Matter

Novak v Newland (DIFC Court of First Instance ARB 020/2022)

  1. 18 July 2022Arbitration

    3 days later · 3 days

  2. 21 July 2022United Arab Emirates

    1 year, 3 months and 9 days later · 466 days

  3. 30 October 2023United Arab Emirates

    30 October 2023United Arab Emirates

    Recognition and Enforcement Order of the DIFC Court of First Instance in the case ARB 020/2022 dated 30 October 2023

    DIFC Court of First Instance

    Decision summary
    The court recognized Novak’s arbitral award as binding and enforceable in the DIFC in the same manner as a judgment or order of the DIFC Courts.

    Supporting details

    2 participants
    Novak
    Newland
    DIFC Court of First Instance

    1 month and 15 days later · 46 days

  4. 15 December 2023United Arab Emirates

    5 months and 5 days later · 157 days

  5. 20 May 2024United Arab Emirates

    20 May 2024United Arab Emirates

    Renewal Order of the Dubai Bankruptcy Courts dated 20 May 2024

    Dubai Bankruptcy Courts

    Decision summary
    The court renewed the prohibition on liquidation of the guarantees for a further six months.

    2 months and 12 days later · 73 days

  6. 1 August 2024United Arab Emirates

    1 August 2024United Arab Emirates

    Order with Reasons of the DIFC Court of First Instance in the case ARB 020/2022 dated 1 August 2024

    DIFC Court of First Instance

    Decision summary
    The court rejected Newland’s application to set aside the 30 October 2023 order recognizing Novak’s arbitral award as binding and enforceable in the DIFC. It held that the Dubai Bankruptcy Courts’ decision did not affect enforcement, that the public-policy threshold was not met, and that no procedural irregularity warranted setting aside the recognition order; costs were payable by Newland.

    Supporting details

    9 authorities · 3 participants
    Novak
    Newland
    DIFC Court of First Instance

    Authorities cited

    9
    • DIFC Arbitration Law No. 1 of 2008, Articles 42(1), 43 and 44(1)(b)(vii)
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (New York Convention, Article V(2)(b))
      treaty
    • UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (2016 UNCITRAL Secretariat Guide on the New York Convention)
      guide
    • DIFC Courts Rules 4.7
      court-rule
    • DIFC Courts Rules 4.12
      court-rule
    • DIFC Courts Rules 4.13
      court-rule
    • DIFC Courts Rules 43.70
      court-rule
    • DIFC Courts Rules 43.71
      court-rule
    • DIFC Courts Rules 43.75
      court-rule

    2 months and 24 days later · 85 days

  7. 25 October 2024United Arab Emirates

    25 October 2024United Arab Emirates

    Order with Reasons of the DIFC Court of First Instance in the case ARB 020/2022 dated 25 October 2024

    DIFC Court of First Instance

    Decision summary
    The court granted Newland permission to appeal on all grounds against the 1 August 2024 order dismissing its application to set aside the recognition and enforcement order. The matter was referred to the Court of Appeal for determination, with costs in the case.

    Supporting details

    7 authorities · 3 participants
    Novak
    Newland
    DIFC Court of First Instance

    Authorities cited

    7
    • DIFC Courts Rules 44.19
      court-rule
    • DIFC Courts Rules 44.29
      court-rule
    • DIFC Courts Rules 44.30
      court-rule
    • DIFC Courts Rules 44.117
      court-rule
    • DIFC Arbitration Law No. 1 of 2008, Article 44(1)(b)(vii)
      statute
    • Dubai Decree No. 29 of 2024
      decree
    • DIFC Courts Rules 45.2(3)-(4)
      court-rule

Matter record

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Novak v Newland (DIFC Court of First Instance ARB 020/2022) · Matter