ARB 012/2023 (1) Novak (2) Nola (3) Nadim V (1) Norwood (2) Numair [2024] DIFC ARB 012 (29 August 2024)

ARB 012/2023 (1) Novak (2) Nola (3) Nadim V (1) Norwood (2) Numair [2024] DIFC ARB 012 (29 August 2024)

The set aside application fails because the tribunal did not breach the act of state doctrine or UAE public policy, did not improperly rely on inadmissible or unlawfully obtained evidence, and any alleged errors do not meet the high threshold for setting aside an arbitral award under DIFC law.

Citation
[2024] DIFC ARB 012
Parties
Claimant/respondent: Novak; Claimant/respondent: Nola; Claimant/respondent: Nadim; Defendant/applicant: Norwood; Defendant/applicant: Numair
Jurisdiction
United Arab Emirates
Judgment Date
29 August 2024
Procedural Posture
Arbitration Related Court Application / Order on Set Aside Application After Hearing
Outcome
Set aside application rejected; recognition and enforcement order and freezing order upheld; costs awarded against claimants.
Legal Topics
Recognition and Enforcement of Arbitral Awards, Set Aside of Arbitral Award, Public Policy, Act of State Doctrine, Admissibility of Evidence, Hearsay, Jurisdiction of Arbitral Tribunal
Arbitration Commercial Law Recognition and Enforcement of Arbitral Awards Set Aside of Arbitral Award Public Policy Act of State Doctrine Admissibility of Evidence Hearsay +1 more

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Parties

Novak

Claimant/respondent

Nola

Claimant/respondent

Nadim

Claimant/respondent

Norwood

Defendant/applicant

Numair

Defendant/applicant

Procedural Posture

Arbitration Related Court Application / Order on Set Aside Application After Hearing

Legal Issues

  1. 1 Whether the arbitral award should be set aside for breach of act of state doctrine and UAE public policy
  2. 2 Whether the tribunal improperly relied on hearsay or unlawfully obtained evidence
  3. 3 Whether reliance on the annulled Nathan Award violated public policy

Ratio Decidendi

The set aside application fails because the tribunal did not breach the act of state doctrine or UAE public policy, did not improperly rely on inadmissible or unlawfully obtained evidence, and any alleged errors do not meet the high threshold for setting aside an arbitral award under DIFC law.

Court Disposition

Set aside application rejected; recognition and enforcement order and freezing order upheld; costs awarded against claimants.

Orders

  • Set aside application is rejected entirely.
  • Recognition and Enforcement Order and Worldwide Freezing Order are upheld.