DIFC ARB 021/2022,
Muhallam v Muhaf
This case involved whether the DIFC courts had jurisdiction to enforce interim measures ordered by arbitral tribunals which were not seated in the DIFC.
Background
A single question arose for determination in the Defendant’s Application: did the DIFC Court have jurisdiction to enforce interim measures ordered by arbitral tribunals where the seat of the arbitration was not the DIFC? The Defendant stated that it did not, and asked the Court to set aside its Enforcement Order dated 20 January 2023 by which the Court recognised and enforced such measures in the form of the Provisional Award on Interim Relief dated 16 November 2022 made in the underlying arbitration. The Claimant stated that the Court did have this jurisdiction and asked the Court to uphold the Enforcement Order.