DIFC ARB 002/2014

Fran v Faimida

This case involved an order for recognising and ratifying a DIAC arbitration award. A key issue was jurisdiction of the DIFC Courts and conflicting jurisdiction with the Dubai Courts.

Background

The application arose from a Claim Form issued by the Claimant which sought an order recognising and ratifying an arbitration award issued under the auspices of the Dubai International Arbitration Centre (DIAC).

The arbitration was conducted in line with the terms of a Consultancy Services agreement between the Claimant and the Defendant. The seat of the arbitration was identified by Clause 13.3 of the agreement as the Emirate of Dubai.

The arbitrator awarded $3,055,465.02 to the Claimant together with costs iof $515,510.37, making a total award of $3,570,975.39 together with interest of 12%. No payment had been made by the Defendant.

The claimant sought the Court recognise and ratify the Arbitral Award in accordance with Article 43 of DIFC Law No. 1/2008, issue a payment order