Carmon Reestrutura-engenharia E Servicos Tecnios Especiais, (Su) LDA v Antonio Joao Catete Lopes Cuenda [2024] DIFC CA 003 (26 November 2024)

Carmon Reestrutura-engenharia E Servicos Tecnios Especiais, (Su) LDA v Antonio Joao Catete Lopes Cuenda [2024] DIFC CA 003 (26 November 2024)

The DIFC Court of Appeal held that the DIFC Courts have jurisdiction and power to grant a Worldwide Freezing Order in support of anticipated foreign judgments where there is a real connecting link to the jurisdiction, such as assets within the DIFC, and where the enforcement of a prospective foreign judgment would otherwise be frustrated. The Court overruled Sandra Holding to the extent it held that such jurisdiction did not exist absent a pre-existing foreign judgment. The statutory framework, including Article 24(1) of the Court Law and Article 7(6) of the Judicial Authority Law, when read with the Rules of Court, confers jurisdiction to grant interim relief in aid of anticipated...

Citation
[2024] DIFC CA 003
Parties
Claimant/appellant: CARMON REESTRUTURA-ENGENHARIA E SERVIÇOS TÉCNIOS ESPECIAIS, (SU) LDA; Defendant/respondent: ANTONIO JOAO CATETE LOPES CUENDA
Jurisdiction
United Arab Emirates
Judgment Date
26 November 2024
Procedural Posture
Civil Appeal / Appeal From Order Vacating Worldwide Freezing Order and Dismissing Action
Outcome
Appeal allowed
Legal Topics
Worldwide Freezing Orders, Jurisdiction of DIFC Courts, Enforcement of Foreign Judgments, Interim Remedies, Ancillary Relief
Civil Procedure Injunctions International Enforcement Worldwide Freezing Orders Jurisdiction of DIFC Courts Enforcement of Foreign Judgments Interim Remedies Ancillary Relief

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Parties

CARMON REESTRUTURA-ENGENHARIA E SERVIÇOS TÉCNIOS ESPECIAIS, (SU) LDA

Claimant/appellant

ANTONIO JOAO CATETE LOPES CUENDA

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Order Vacating Worldwide Freezing Order and Dismissing Action

Legal Issues

  1. 1 Whether DIFC Courts have jurisdiction to grant a Worldwide Freezing Order in support of anticipated foreign judgments
  2. 2 Whether the decision in Sandra Holding v Al Saleh was correct regarding the limits of DIFC jurisdiction for interim relief
  3. 3 Whether the DIFC Court's powers under its laws and rules permit freezing orders in aid of prospective foreign enforcement

Ratio Decidendi

The DIFC Court of Appeal held that the DIFC Courts have jurisdiction and power to grant a Worldwide Freezing Order in support of anticipated foreign judgments where there is a real connecting link to the jurisdiction, such as assets within the DIFC, and where the enforcement of a prospective foreign judgment would otherwise be frustrated. The Court overruled Sandra Holding to the extent it held that such jurisdiction did not exist absent a pre-existing foreign judgment. The statutory framework, including Article 24(1) of the Court Law and Article 7(6) of the Judicial Authority Law, when read with the Rules of Court, confers jurisdiction to grant interim relief in aid of anticipated...

Court Disposition

Appeal allowed

Orders

  • Orders 1 to 5 of the Order dated 27 December 2023 are set aside.
  • The Respondent is to pay the Appellant’s costs of the appeal and of the Dismissal Application before Justice Martin, to be assessed by the Registrar if not agreed.