DIFC 002/2013
X1 and another v Y1 and another-1
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCE CENTRE, COURT OF FIRST INSTANCE
Jurisdiction
Dubai International Financial Centre
Taxonomy
General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
1 Jan 2014
Hearing/Judgment date
1 January 2014
Panel
Deputy Chief Justice Sir John Chadwick
Catchwords
Civil Procedure – Jurisdiction – Recognition and enforcement of arbitral award – Claimant companies incorporated outside Emirate of Dubai – Defendant companies being incorporated within Emirate but not within Dubai International Finance Centre – Claimants applying for recognition and enforcement within DIFC of foreign arbitral award – Defendants challenging jurisdiction – Whether DIFC having jurisdiction – Whether DIFC having jurisdiction to exclusion of Dubai Courts
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.