ARB 008/2023 Nasib v (1) Navidad (2) Nabeel [2024] DIFC ARB 008 (13 August 2024)

ARB 008/2023 Nasib v (1) Navidad (2) Nabeel [2024] DIFC ARB 008 (13 August 2024)

Extension of time granted due to satisfactory explanation for delay and absence of sufficient prejudice; permission to appeal granted on basis of compelling reason for appellate guidance, despite lack of realistic prospect of success; stay of execution refused due to inadequate evidence of irreparable harm and failure to outweigh risk of injustice to respondent.

Citation
[2024] DIFC ARB 008
Parties
Claimant/respondent: Nasib; Defendant/appellant: Navidad; Defendant/appellant: Nabeel
Jurisdiction
United Arab Emirates
Judgment Date
13 August 2024
Procedural Posture
Arbitration Enforcement and Related Applications / Post Recognition, Applications for Extension of Time, Permission to Appeal, and Stay
Outcome
Extension of time and permission to appeal granted; stay application dismissed; costs of PTA application reserved; appellants to pay respondent's costs of stay application; no costs for extension of time application.
Legal Topics
Recognition and Enforcement of Arbitral Awards, Extension of Time, Permission to Appeal, Stay of Execution, Costs
Arbitration Civil Procedure Recognition and Enforcement of Arbitral Awards Extension of Time Permission to Appeal Stay of Execution Costs

Case Brief

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Parties

Nasib

Claimant/respondent

Navidad

Defendant/appellant

Nabeel

Defendant/appellant

Procedural Posture

Arbitration Enforcement and Related Applications / Post Recognition, Applications for Extension of Time, Permission to Appeal, and Stay

Legal Issues

  1. 1 Whether to grant retrospective extension of time for service and payment of filing fees
  2. 2 Whether to grant permission to appeal the order refusing to set aside recognition and enforcement of arbitral award
  3. 3 Whether to grant a stay of execution of the recognition and enforcement order

Ratio Decidendi

Extension of time granted due to satisfactory explanation for delay and absence of sufficient prejudice; permission to appeal granted on basis of compelling reason for appellate guidance, despite lack of realistic prospect of success; stay of execution refused due to inadequate evidence of irreparable harm and failure to outweigh risk of injustice to respondent.

Court Disposition

Extension of time and permission to appeal granted; stay application dismissed; costs of PTA application reserved; appellants to pay respondent's costs of stay application; no costs for extension of time application.

Orders

  • The Extension of Time Application is granted.
  • The PTA Application is granted.