Orton v (1) Oakes (2) Odyssseus (3) Oriel (4) Ormand [2025] DIFC ARB 035 (26 September 2025)

Orton v (1) Oakes (2) Odyssseus (3) Oriel (4) Ormand [2025] DIFC ARB 035 (26 September 2025)

The Claimant failed to demonstrate good reason or necessity for alternative service under RDC 9.31. There was no evidence of consent to court service by email or via arbitration counsel, no attempt to use ordinary service methods, and no compelling urgency. Authorising service on sitting arbitrators risks undermining arbitral autonomy and judicial neutrality. The application was therefore dismissed.

Citation
[2025] DIFC ARB 035
Parties
Claimant/applicant: Orton; Defendant/respondent: Oakes; Defendant/respondent: Odyssseus; Defendant/respondent: Oriel; Defendant/respondent: Ormand
Jurisdiction
United Arab Emirates
Judgment Date
26 September 2025
Procedural Posture
Arbitration Related Application / Application for Alternative Service—order With Reasons
Outcome
Application dismissed
Legal Topics
Alternative Service, Service of Process, Arbitration Tribunal, Judicial Supervision of Arbitration
Arbitration Civil Procedure Alternative Service Service of Process Arbitration Tribunal Judicial Supervision of Arbitration

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Parties

Orton

Claimant/applicant

Oakes

Defendant/respondent

Odyssseus

Defendant/respondent

Oriel

Defendant/respondent

Ormand

Defendant/respondent

Procedural Posture

Arbitration Related Application / Application for Alternative Service—order With Reasons

Legal Issues

  1. 1 Whether the court should grant leave for alternative service of arbitration claim documents under RDC 9.31-9.33 and 43.11
  2. 2 Whether service by email or via arbitration counsel is appropriate for defendants including sitting arbitrators

Ratio Decidendi

The Claimant failed to demonstrate good reason or necessity for alternative service under RDC 9.31. There was no evidence of consent to court service by email or via arbitration counsel, no attempt to use ordinary service methods, and no compelling urgency. Authorising service on sitting arbitrators risks undermining arbitral autonomy and judicial neutrality. The application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • The Application for alternative service is dismissed.
  • The Claimant shall serve the Claim in accordance with the applicable rules on service under the RDC.