(1) Fiske (2) Firmin v Firuzeh [2014] DIFC ARB 001 (12 July 2015)

(1) Fiske (2) Firmin v Firuzeh [2014] DIFC ARB 001 (12 July 2015)

The defendant failed to raise the tribunal composition objection during the arbitration and thus waived the right to object at enforcement; public policy arguments based on the UAE Civil Procedure Code are inapplicable in the DIFC; and the court has no discretion to refuse enforcement except on grounds listed in...

Source-derived case information.

Citation
[2014] DIFC ARB 001
Parties
Claimant: FISKE; Claimant: FIRMIN; Defendant: FIRUZEH
Jurisdiction
United Arab Emirates
Judgment Date
12 July 2015
Procedural Posture
Arbitration Claim for Recognition and Enforcement of Foreign Arbitral Awards / Judgment After Hearing on Enforcement and Recognition Objections
Outcome
Claim allowed; awards recognised and enforced; costs to claimants.
Legal Topics
Recognition and Enforcement of Foreign Arbitral Awards, Public Policy Defence, Jurisdiction of DIFC Courts, Waiver of Procedural Objections, Costs
Arbitration Civil Procedure International Law Recognition and Enforcement of Foreign Arbitral Awards Public Policy Defence Jurisdiction of DIFC Courts Waiver of Procedural Objections Costs

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Summary, issues, holding and outcome

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Parties

FISKE

Claimant

FIRMIN

Claimant

FIRUZEH

Defendant

Procedural Posture

Arbitration Claim for Recognition and Enforcement of Foreign Arbitral Awards / Judgment After Hearing on Enforcement and Recognition Objections

Legal Issues

  1. 1 Whether the composition of the arbitration tribunal was in accordance with the agreement and law
  2. 2 Whether enforcement would be contrary to UAE public policy
  3. 3 Whether the DIFC Court has discretion to refuse enforcement where the defendant has no assets in the DIFC

Ratio Decidendi

The defendant failed to raise the tribunal composition objection during the arbitration and thus waived the right to object at enforcement; public policy arguments based on the UAE Civil Procedure Code are inapplicable in the DIFC; and the court has no discretion to refuse enforcement except on grounds listed in Article 44 of the DIFC Arbitration Law, none of which were established by the defendant.

Court Disposition

Claim allowed; awards recognised and enforced; costs to claimants.

Orders

  • Terms of the arbitral awards to be entered as judgment.
  • Claimants awarded costs, to be assessed by the Registrar on the standard basis if not agreed.