DIFC 007/2020
Lahela v Lameez
The initial dispute involved enforcement of an arbitration ruling. As the party was resident in Erbil steps were taken to serve court documents following the means in the Riyadh Convention. The Erbil court refused and an alternative means of notification was used. A key issue was whether under the treaty an alternative means of notification was possible. Requirements of the DIFC Courts to follow provisions in international treaties implemented by the UAE was also discussed.
Background
This appeal concerned with the service of documents relating to proceedings brought in this Court by Lameez against Lahela relating to the enforcement of an arbitral award which was made in favour of Lameez and against Lahela in an arbitration conducted in the DIFC. Lahela argued that even though it had received copies of the relevant court documents, and was well aware of the proceedings in the Court, because the documents were not served on them in accordance with the procedures specified in the Riyadh Convention the proceedings for the enforcement of the Award must be stayed unless and until service was effected in accordance with the Convention, which seemed most unlikely to ever occur.