In June 2010, the Court ordered that the Al Mal Bank LLC (the bank) be wound up. The liquidators then invited the court to determine issues as to the validity of the contract known as the “Babiker contract”. The Court held that the contract was executed before B's employment was terminated and that the contract was invalid, having been executed by O without authority to do so. O and B applied for permission to appeal.

The issues included, first, whether the requirement in the Qatar Financial Centre Civil and Commercial Court Regulations and Procedural Rules (the Rules and Regulations), issued and in force from 15 December 2010, were ultra vires in so far as they required permission to appeal; and secondly, whether the approach of the QFC Courts concerning costs should differ from that of the Qatari domestic courts.