Mediamam Holdings Ltd v Beyond Dreams For General Trading WLL [2026] ADGMCFI 0003 (26 January 2026)

Mediamam Holdings Ltd v Beyond Dreams For General Trading WLL [2026] ADGMCFI 0003 (26 January 2026)

The court held that, since Kuwaiti law permits service by courier and email and the GCC Convention is not exclusive, and because service under the treaty was impossible due to procedural incompatibility, there were exceptional circumstances justifying alternative service under rule 19(1).

Citation
[2026] ADGMCFI 0003
Parties
Claimant: MEDIAMAM HOLDINGS LIMITED; Defendant: BEYOND DREAMS FOR GENERAL TRADING WLL
Jurisdiction
United Arab Emirates
Judgment Date
26 January 2026
Procedural Posture
Commercial Claim / Interlocutory Application for Alternative Service
Outcome
Application for alternative service granted
Legal Topics
Service of Process, Alternative Service, Multilateral Treaties, Jurisdiction
Civil Procedure International Civil Procedure Service of Process Alternative Service Multilateral Treaties Jurisdiction

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Parties

MEDIAMAM HOLDINGS LIMITED

Claimant

BEYOND DREAMS FOR GENERAL TRADING WLL

Defendant

Procedural Posture

Commercial Claim / Interlocutory Application for Alternative Service

Legal Issues

  1. 1 Whether the court should permit alternative service where a multilateral treaty governs service of process and the foreign authority refuses to effect service due to procedural incompatibility

Ratio Decidendi

The court held that, since Kuwaiti law permits service by courier and email and the GCC Convention is not exclusive, and because service under the treaty was impossible due to procedural incompatibility, there were exceptional circumstances justifying alternative service under rule 19(1).

Court Disposition

Application for alternative service granted

Orders

  • Claimant to serve documents by email to a director and by courier to defendant's offices within 21 days
  • Claimant to file certificates of service for each method