DIFC 008/2020 issued in 4 October 2020
Credit Suisse (Switzerland) Limited v (1) Ashok Kumar Goel (2) Sudhir Goyel (3) Manan Goel (4) Prerit Goel
Type
Case
Court
Dubai International Financial Centre - Court of Appeal
Jurisdiction
Dubai International Financial Centre
Taxonomy
Guarantees, Jurisdiction & Choice of Law, Civil Courts, Litigation Procedure & Practice
Decision date
4 Oct 2020
Panel
Chief Justice Zaki Azmi, Justice Robert French AND H.E Justice Shamalan Al Sawalehi
Catchwords
Personal Guarantee - Worldwide Freezing Order - Court - Jurisdiction - Ex Parte Hearing
The initial dispute involved a worldwide freezing order for personal guarantees where there was a question of the DIFC court's jurisdiction in an opt-in clause. A key issue was that this was an ex parte hearing.
Background
On 27 August 2020, the Appellant applied to the Court of First Instance for a Worldwide Freezing Order against each of the Respondents on an urgent basis pending the Appellant's intended Part 7 claim against them. Justice Ali Al Madhani heard the application ex parte by way of teleconference on 28 August 2020 and ordered that the application be dismissed.
Permission to appeal the decision was granted on the bases that the appeal would have a real prospect of success and there was a compelling reason why an appeal should be heard.