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

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

The application to set aside failed 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 reference to the Nathan Award was not determinative or contrary to public policy. The high threshold for setting aside an award was not met.

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 / Application to Set Aside Recognition and Enforcement Order; Judgment at First Instance
Outcome
Application to set aside 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 Exception, Act of State Doctrine, Admissibility of Evidence, Hearsay Evidence, Jurisdiction of Arbitral Tribunal
Arbitration Commercial Law Recognition and Enforcement of Arbitral Awards Set Aside of Arbitral Award Public Policy Exception Act of State Doctrine Admissibility of Evidence Hearsay Evidence +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 / Application to Set Aside Recognition and Enforcement Order; Judgment at First Instance

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 inadmissible or unlawfully obtained evidence
  3. 3 Whether reliance on the Nathan Award violated public policy

Ratio Decidendi

The application to set aside failed 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 reference to the Nathan Award was not determinative or contrary to public policy. The high threshold for setting aside an award was not met.

Court Disposition

Application to set aside rejected; recognition and enforcement order and freezing order upheld; costs awarded against Claimants.

Orders

  • Set Aside Application rejected entirely.
  • Recognition and Enforcement Order and Worldwide Freezing Order upheld.