DIFC 043/2014
DNB Bank ASA v Gulf Eyadah Yadah Corporation (1); Gulf Navigation Holding Pjsc-7
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE, COURT OF FIRST INSTANCE
Jurisdiction
Dubai International Financial Centre
Taxonomy
Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
24 May 2016
Hearing/Judgment date
24 May 2016
Panel
HE Justice Ali Al Madhani
Catchwords
Stay of proceedings – Jurisdiction – Conflicting law - Constitutionality
Summary
The defendant's application seeking a stay of the proceedings pending consideration of the conflict between provisions of the UAE Federal Law and DIFC/Dubai legislation by the Union Supreme Court, is dismissed. The defendants raised no credible argument to justify staying the proceedings and referring the matter to the USC. The arguments raised by the defendants relating to jurisdictional issues and constitutionality have already been rejected by the DIFC courts in previous cases, namely, Fiske (1) Firmin (2) v Firuzeh (Arb 001/2014) and the DNB appeal court's decision itself.
Issued by Natasha Bakirci , Assistant Registrar.