Nuriel, Naufil and Nishat v Nuzhat and Nayaab (DIFC Court of First Instance Claim No. ARB 018/2023)

Procedural record

1. 4 September 2024United Arab Emirates

   4 September 2024United Arab Emirates

   Order with Reasons of the DIFC Court of First Instance in Claim No. ARB 018/2023 dated 4 September 2024

   DIFC Court of First Instance

   Decision summary

   The Court held that the arbitration agreements in the two principal contracts and seven related agreements were valid and binding. It treated references to the DIFC-LCIA Rules as references to the DIAC Arbitration Rules 2022, and granted a final anti-suit injunction prohibiting the defendants from pursuing the Abu Dhabi proceedings and requiring their discontinuance; the defendants were ordered to pay the claimants' costs.

   Participants

   Nuriel

   Naufil

   Nishat

   Nuzhat

   Nayaab

   DIFC Court of First Instance

   Judge

   H.E. Justice Shamlan Al Sawalehi

   Authorities cited

   7

   • UAE Arbitration Law, Article 5(3)
     statute
   • UAE Arbitration Law, Article 7(2)
     statute
   • DIFC Courts Law (DIFC Law No. 10 of 2004, as amended by DIFC Law No. 2 of 2022, Article 32(b))
     statute
   • Judicial Authority Law, Article 22(2)
     statute
   • Dubai Decree 34
     decree
   • Lara Basem Musa Khoury v Mashreq Bank PSC [2022]
     case-law
   • Baker Hughes Saudi Arabia Co. Ltd. and Dynamic Industries, Inc. and its affiliates
     case-law