Ohtli v Onora [2026] DIFC ARB 034 (27 February 2026)

Ohtli v Onora [2026] DIFC ARB 034 (27 February 2026)

The PTA Application was dismissed because it did not meet the threshold in RDC 44.19; there was no real prospect of success and no compelling reason to grant permission. The costs discretion was properly exercised, and the Claimant's grounds amounted to disagreement with discretionary evaluation rather than any error of principle or procedural injustice.

Citation
[2026] DIFC ARB 034
Parties
Claimant/applicant: Ohtli; Defendant/respondent: Onora
Jurisdiction
United Arab Emirates
Judgment Date
27 February 2026
Procedural Posture
Arbitration Related Application / Appeal Against Costs Order
Outcome
PTA Application dismissed; Stayed Costs Application partially granted
Legal Topics
Costs, Appeals, Anti Suit Injunctions
Civil Procedure Arbitration Costs Appeals Anti Suit Injunctions

Case Brief

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Parties

Ohtli

Claimant/applicant

Onora

Defendant/respondent

Procedural Posture

Arbitration Related Application / Appeal Against Costs Order

Legal Issues

  1. 1 Whether permission to appeal the costs order should be granted under RDC 44.19
  2. 2 Whether the costs discretion was exercised correctly in light of alleged procedural defaults and interim relief

Ratio Decidendi

The PTA Application was dismissed because it did not meet the threshold in RDC 44.19; there was no real prospect of success and no compelling reason to grant permission. The costs discretion was properly exercised, and the Claimant's grounds amounted to disagreement with discretionary evaluation rather than any error of principle or procedural injustice.

Court Disposition

PTA Application dismissed; Stayed Costs Application partially granted

Orders

  • PTA Application is dismissed.
  • Interest on costs awarded by paragraph 3 of the December Order, as quantified by the Costs Order, is suspended from 12 January 2026 until the date of this Order.