Okeke v Obike [2026] DIFC ARB 039 (05 March 2026)

Okeke v Obike [2026] DIFC ARB 039 (05 March 2026)

The set aside application was filed out of time as the three-month period expired at the end of 3 October 2025, and the application filed on 6 October 2025 was inadmissible. Even if admissible, none of the grounds advanced—excess of jurisdiction, procedural unfairness, or public policy—met the statutory thresholds for setting aside the award.

Citation
[2026] DIFC ARB 039
Parties
Claimant/applicant: Okeke; Defendant/respondent: Obike
Jurisdiction
United Arab Emirates
Judgment Date
05 March 2026
Procedural Posture
Arbitration Set Aside Application / Order With Reasons on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Set Aside of Arbitral Award, Jurisdiction of Arbitral Tribunal, Procedural Fairness, Public Policy, Computation of Limitation Periods
Arbitration Insurance Law Set Aside of Arbitral Award Jurisdiction of Arbitral Tribunal Procedural Fairness Public Policy Computation of Limitation Periods

Case Brief

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Parties

Okeke

Claimant/applicant

Obike

Defendant/respondent

Procedural Posture

Arbitration Set Aside Application / Order With Reasons on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the set aside application was filed within the statutory time limit under Article 41(3) of the DIFC Arbitration Law
  2. 2 Whether the arbitral tribunal exceeded its jurisdiction or decided matters beyond the scope of the submission to arbitration
  3. 3 Whether the applicant was unable to present its case due to procedural unfairness

Ratio Decidendi

The set aside application was filed out of time as the three-month period expired at the end of 3 October 2025, and the application filed on 6 October 2025 was inadmissible. Even if admissible, none of the grounds advanced—excess of jurisdiction, procedural unfairness, or public policy—met the statutory thresholds for setting aside the award.

Court Disposition

Application dismissed

Orders

  • The set aside application is dismissed.
  • The applicant shall pay the respondent’s costs of the application, summarily assessed at AED 245,396.14, representing 80% of the respondent’s costs as claimed.