Murif (2) Mijul v (1) Mipy (2) Madli [2023] DIFC ARB 003 (21 November 2023)

Murif (2) Mijul v (1) Mipy (2) Madli [2023] DIFC ARB 003 (21 November 2023)

The Permission Application meets the requirements of RDC 44.19 because the costs awarded do not clearly relate to the matters in issue, and the Bill of Costs lacks detail regarding the relevant applications, giving the appeal a real prospect of success.

Citation
[2023] DIFC ARB 003
Parties
Claimant/respondent: Murif; Claimant/respondent: Mijul; Defendant/appellant: Mipy; Defendant/appellant: Madli
Jurisdiction
United Arab Emirates
Judgment Date
21 November 2023
Procedural Posture
Arbitration Appeal / Permission to Appeal Application
Outcome
Permission to appeal granted
Legal Topics
Costs Assessment, Permission to Appeal, Scope of Costs Orders
Civil Procedure Arbitration Costs Assessment Permission to Appeal Scope of Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Murif

Claimant/respondent

Mijul

Claimant/respondent

Mipy

Defendant/appellant

Madli

Defendant/appellant

Procedural Posture

Arbitration Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether permission to appeal should be granted under RDC 44.19
  2. 2 Whether the costs awarded relate to the matters in issue and are within the scope of the set aside order

Ratio Decidendi

The Permission Application meets the requirements of RDC 44.19 because the costs awarded do not clearly relate to the matters in issue, and the Bill of Costs lacks detail regarding the relevant applications, giving the appeal a real prospect of success.

Court Disposition

Permission to appeal granted

Orders

  • The Permission Application is granted.
  • Costs shall be costs in the case.