KJM Marine LLC (2) Mohammad Saleh Moosa Hassan Aj Jasmi (3) KJI Marina Boats Manufacturing LLC v (1) KJM Marine LLC (2) KJI Marina Boats Manufacturing LLC (1) Steven Ivankovich (2) Neirah [2025] DIFC CFI 068 (26 March 2025)

KJM Marine LLC (2) Mohammad Saleh Moosa Hassan Aj Jasmi (3) KJI Marina Boats Manufacturing LLC v (1) KJM Marine LLC (2) KJI Marina Boats Manufacturing LLC (1) Steven Ivankovich (2) Neirah [2025] DIFC CFI 068 (26 March 2025)

The DIFC Court granted an interim anti-suit injunction restraining KJM Marine LLC from pursuing the Dubai Claim against Steven Ivankovich, finding that the Dubai Claim is vexatious, oppressive, and unconscionable, and that the DIFC is the natural forum for the dispute. KJM's conduct in pursuing parallel proceedings after invoking the DIFC Court's jurisdiction constitutes an abuse of process. However, the injunction was not extended to Neirah, as Neirah had not objected or appeared in the application.

Citation
[2025] DIFC CFI 068
Parties
Claimant: Steven Ivankovich; First Defendant / Part 20 Claimant: KJM Marine LLC; Second Defendant: Mohammad Saleh Moosa Hassan Aj Jasmi; Third Defendant / Part 20 Claimant: KJI Marina Boats Manufacturing LLC; Part 20 Defendant: Neirah
Jurisdiction
United Arab Emirates
Judgment Date
26 March 2025
Procedural Posture
Civil (commercial) Application for Anti Suit Injunction / Interlocutory (order With Reasons)
Outcome
Interim anti-suit injunction granted in part
Legal Topics
Anti Suit Injunction, Jurisdiction, Exclusive Jurisdiction Clauses, Abuse of Process, Parallel Proceedings
Commercial Law Civil Procedure Conflict of Laws Anti Suit Injunction Jurisdiction Exclusive Jurisdiction Clauses Abuse of Process Parallel Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Steven Ivankovich

Claimant

KJM Marine LLC

First Defendant / Part 20 Claimant

Mohammad Saleh Moosa Hassan Aj Jasmi

Second Defendant

KJI Marina Boats Manufacturing LLC

Third Defendant / Part 20 Claimant

Neirah

Part 20 Defendant

Procedural Posture

Civil (commercial) Application for Anti Suit Injunction / Interlocutory (order With Reasons)

Legal Issues

  1. 1 Whether the DIFC Court should grant an anti-suit injunction restraining KJM Marine LLC from pursuing proceedings in the non-DIFC Dubai Courts against Steven Ivankovich and/or Neirah relating to the same subject matter as the DIFC proceedings.
  2. 2 Whether the Dubai Claim is vexatious, oppressive, or unconscionable.
  3. 3 Whether the exclusive jurisdiction clause in the Joint Venture Agreement applies to the dispute.

Ratio Decidendi

The DIFC Court granted an interim anti-suit injunction restraining KJM Marine LLC from pursuing the Dubai Claim against Steven Ivankovich, finding that the Dubai Claim is vexatious, oppressive, and unconscionable, and that the DIFC is the natural forum for the dispute. KJM's conduct in pursuing parallel proceedings after invoking the DIFC Court's jurisdiction constitutes an abuse of process. However, the injunction was not extended to Neirah, as Neirah had not objected or appeared in the application.

Court Disposition

Interim anti-suit injunction granted in part

Orders

  • KJM Marine LLC is restrained from pursuing, assisting in, or procuring the pursuit of the Dubai Claim against Steven Ivankovich until judgment in these proceedings or further order.
  • The application for an anti-suit injunction against pursuit of the Dubai Claim against Neirah is refused.