DIFC 002/2013

X1 and another v Y1 and another-1

Background facts

The claimants were both companies incorporated outside the Emirate of Dubai. The defendant companies were incorporated within the Emirate, but not within the Dubai International Finance Centre. The claimants had successfully brought arbitration proceedings against the defendants. The claimants applied to the Court of the DIFC to enforce the arbitral awards. In seeking that relief, the claimants relied upon Articles 42(1) (read together with Article 44) and 43 of DIFC Law No. 1/2008 (the DIFC Arbitration Law). The defendants issued an application notice pursuant to RDC 12.1 seeking a declaration that the DIFC Court had no jurisdiction to try the arbitration claim and an order that the arbitration claim form be set aside.

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