Golden Sands Hotel L.L.C Trading As Hilton Dubai The Walk v Brighton Rock Restaurant L.L.C [2026] DIFC CFI 106 (20 January 2026)

Golden Sands Hotel L.L.C Trading As Hilton Dubai The Walk v Brighton Rock Restaurant L.L.C [2026] DIFC CFI 106 (20 January 2026)

The Agreement is a concession, not a lease, and contains an exclusive jurisdiction clause in favour of DIFC Courts. The Claimant's termination was prima facie valid due to persistent non-payment. Defendant's asserted defence under UAE Civil Code Articles 246 and 247 is unsupported and raised late. Damages would be inadequate due to Defendant's arrears and risk of unrecoverable losses. The balance of convenience strongly favours granting an interim injunction restraining Defendant from operating in the Relevant Area pending trial.

Citation
[2026] DIFC CFI 106
Parties
Claimant: Golden Sands Hotel L. L. C Trading As Hilton Dubai The Walk; Defendant: Brighton Rock Restaurant L. L. C
Jurisdiction
United Arab Emirates
Judgment Date
20 January 2026
Procedural Posture
Part 8 Claim for Interim Injunction and Declarations / Interlocutory Application for Interim Relief Pending Trial
Outcome
Interim injunction granted; costs reserved to Trial judge.
Legal Topics
Interim Injunctions, Jurisdiction Clauses, Termination of Contracts, Concession Agreements, Adequacy of Damages, Balance of Convenience
Contract Law Commercial Law Civil Procedure Interim Injunctions Jurisdiction Clauses Termination of Contracts Concession Agreements Adequacy of Damages +1 more

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Parties

Golden Sands Hotel L. L. C Trading As Hilton Dubai The Walk

Claimant

Brighton Rock Restaurant L. L. C

Defendant

Procedural Posture

Part 8 Claim for Interim Injunction and Declarations / Interlocutory Application for Interim Relief Pending Trial

Legal Issues

  1. 1 Whether the Agreement is a lease or concession
  2. 2 Jurisdiction of DIFC Courts
  3. 3 Validity of termination under the Agreement

Ratio Decidendi

The Agreement is a concession, not a lease, and contains an exclusive jurisdiction clause in favour of DIFC Courts. The Claimant's termination was prima facie valid due to persistent non-payment. Defendant's asserted defence under UAE Civil Code Articles 246 and 247 is unsupported and raised late. Damages would be inadequate due to Defendant's arrears and risk of unrecoverable losses. The balance of convenience strongly favours granting an interim injunction restraining Defendant from operating in the Relevant Area pending trial.

Court Disposition

Interim injunction granted; costs reserved to Trial judge.

Orders

  • Defendant to cease accessing and/or operating from the Relevant Area within seven days.
  • Defendant may access Relevant Area by prior appointment during business hours solely to remove equipment, stock, and chattels.