DCC 657/2025

This case concerned a respondent's attempt to annul a provisional arbitral measure issued during ICC arbitration proceedings, which was ultimately rejected due to the lack of jurisdiction.

Background

A respondent filed Case No. 8/2025 before the Dubai Court of Appeal seeking to annul an arbitral award issued against the appellants. The annulment request concerned a decision issued in Arbitration Case No. ELU|2817 before the International Chamber of Commerce. That decision had prohibited the respondent from initiating any claims before other courts regarding the issues governed by the memorandum of understanding, unless prior authorisation was granted by the arbitral tribunal, pending issuance of the final award in the arbitration proceedings.

The respondent argued that the award was void on the grounds of violating constitutional principles, applicable law, and public order, as it deprived them of the legitimate right to litigation. They also claimed that the decision conflicted with the memorandum of understanding forming the basis of the arbitration and that it did not fall within the exclusive measures provided under Article 21 of Federal Law No. 6/2018, on Arbitration , thereby rendering it invalid and justifying the annulment request.

Proceedings

Appeal Court - Decision dated 28/04/2025.