Emirates NBD Bank PJSC v (1) Rashed Abulaziz Almakhawi (2) Abdulaziz Rashed Abdulaziz Mohammed Almakhawi (3) Hessa Rashed Abulaziz Almakhawi (4) Shamma Rashed Abulaziz Almakhawi [2026] DIFC CFI 039 (03 April 2026)

Emirates NBD Bank PJSC v (1) Rashed Abulaziz Almakhawi (2) Abdulaziz Rashed Abdulaziz Mohammed Almakhawi (3) Hessa Rashed Abulaziz Almakhawi (4) Shamma Rashed Abulaziz Almakhawi [2026] DIFC CFI 039 (03 April 2026)

Emirates NBD Bank PJSC qualifies as a DIFC Establishment and Licensed DIFC Establishment under the Courts Law by virtue of its recognition as a NASDAQ Dubai member by the DFSA, permitting it to carry on financial activities in or through DIFC. The DIFC Courts have exclusive jurisdiction over the claim. The doctrine...

Source-derived case information.

Citation
[2026] DIFC CFI 039
Parties
Claimant: Emirates NBD Bank PJSC; First Defendant: Rashed Abulaziz Almakhawi; Second Defendant: Abdulaziz Rashed Abdulaziz Mohammed Almakhawi; Third Defendant: Hessa Rashed Abulaziz Almakhawi; Fourth Defendant: Shamma Rashed Abulaziz Almakhawi
Jurisdiction
United Arab Emirates
Judgment Date
03 April 2026
Procedural Posture
Commercial Civil Claim / Interlocutory Applications and Jurisdictional Challenge
Outcome
Jurisdiction challenges dismissed; Court has jurisdiction. Freezing order granted. Extension of time application granted. Defendants to pay Claimant's costs. Permission to appeal jurisdiction finding refused.
Legal Topics
Jurisdiction of DIFC Courts, Forum Non Conveniens, Recognition of Financial Establishments, Asset Freezing Orders, Enforcement of Judgments
Commercial Law Civil Procedure Financial Regulation Jurisdiction of DIFC Courts Forum Non Conveniens Recognition of Financial Establishments Asset Freezing Orders Enforcement of Judgments

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Parties

Emirates NBD Bank PJSC

Claimant

Rashed Abulaziz Almakhawi

First Defendant

Abdulaziz Rashed Abdulaziz Mohammed Almakhawi

Second Defendant

Hessa Rashed Abulaziz Almakhawi

Third Defendant

Shamma Rashed Abulaziz Almakhawi

Fourth Defendant

Procedural Posture

Commercial Civil Claim / Interlocutory Applications and Jurisdictional Challenge

Legal Issues

  1. 1 Whether Emirates NBD Bank PJSC is a DIFC Establishment or Licensed DIFC Establishment under Courts Law
  2. 2 Whether DIFC Courts have jurisdiction over the claim
  3. 3 Applicability of forum non conveniens doctrine in intra-UAE disputes

Ratio Decidendi

Emirates NBD Bank PJSC qualifies as a DIFC Establishment and Licensed DIFC Establishment under the Courts Law by virtue of its recognition as a NASDAQ Dubai member by the DFSA, permitting it to carry on financial activities in or through DIFC. The DIFC Courts have exclusive jurisdiction over the claim. The doctrine of forum non conveniens does not apply to intra-UAE disputes. Asset freezing order is justified given the risk of asset dissipation to frustrate enforcement of judgments.

Court Disposition

Jurisdiction challenges dismissed; Court has jurisdiction. Freezing order granted. Extension of time application granted. Defendants to pay Claimant's costs. Permission to appeal jurisdiction finding refused.

Orders

  • D1, 3, 4 Jurisdiction Challenge and D2 Jurisdiction Challenge dismissed; Court has jurisdiction.
  • Freezing Order granted in terms communicated to parties.