A22 & Anor v C22 [2025] ADGMCFI 0018 (13 August 2025)

A22 & Anor v C22 [2025] ADGMCFI 0018 (13 August 2025)

The ADGM Court has jurisdiction under sections 16 and 41 of the ADGM Courts Regulations to grant anti-suit injunctions, but the Claimants failed to establish with a high degree of probability that a valid arbitration agreement governed the dispute. Even if the threshold were met, the Court would have exercised its discretion against granting relief due to comity and delay.

Citation
[2025] ADGMCFI 0018
Parties
First Claimant: A22; Second Claimant: B22; Defendant: C22
Jurisdiction
United Arab Emirates
Judgment Date
13 August 2025
Procedural Posture
Commercial and Civil / Interim Application for Anti Suit Injunction; Jurisdictional Challenge
Outcome
Interim anti-suit injunction application dismissed; jurisdiction declared; further case management directions issued.
Legal Topics
Anti Suit Injunctions, Jurisdiction of ADGM Courts, Arbitration Agreements, Comity, Interim Relief
Commercial Law Civil Procedure Arbitration Anti Suit Injunctions Jurisdiction of ADGM Courts Arbitration Agreements Comity Interim Relief

Case Brief

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Parties

A22

First Claimant

B22

Second Claimant

C22

Defendant

Procedural Posture

Commercial and Civil / Interim Application for Anti Suit Injunction; Jurisdictional Challenge

Legal Issues

  1. 1 Does the ADGM Court have jurisdiction to grant an anti-suit injunction?
  2. 2 Should the Court exercise its discretion to grant an interim anti-suit injunction in the circumstances?

Ratio Decidendi

The ADGM Court has jurisdiction under sections 16 and 41 of the ADGM Courts Regulations to grant anti-suit injunctions, but the Claimants failed to establish with a high degree of probability that a valid arbitration agreement governed the dispute. Even if the threshold were met, the Court would have exercised its discretion against granting relief due to comity and delay.

Court Disposition

Interim anti-suit injunction application dismissed; jurisdiction declared; further case management directions issued.

Orders

  • Declaration that the Court has jurisdiction to try the Interim Injunction Application and the Claim.
  • Interim Injunction Application dismissed.