Mirifa v (1) Mahur (2) Meison (3) Mepur [2025] DIFC ARB 009 (21 August 2025)

Mirifa v (1) Mahur (2) Meison (3) Mepur [2025] DIFC ARB 009 (21 August 2025)

Persistent non-compliance with disclosure orders by the Third Defendant, the scale of the award, and the international nature of the assets justify orders for cross-examination, alternative service, continued asset disclosure, and production of specified documents as necessary and proportionate measures to secure enforcement of the arbitral award.

Citation
[2025] DIFC ARB 009
Parties
Claimant: Mirifa; Defendant: Mahur; Defendant: Meison; Defendant: Mepur
Jurisdiction
United Arab Emirates
Judgment Date
21 August 2025
Procedural Posture
Arbitration Enforcement / Interlocutory Application for Enforcement Related Orders
Outcome
Application granted
Legal Topics
Enforcement of Arbitral Awards, Asset Disclosure, Freezing Orders, Alternative Service, Cross Examination in Enforcement Proceedings
Arbitration Civil Procedure Asset Recovery Enforcement of Arbitral Awards Asset Disclosure Freezing Orders Alternative Service Cross Examination in Enforcement Proceedings

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Parties

Mirifa

Claimant

Mahur

Defendant

Meison

Defendant

Mepur

Defendant

Procedural Posture

Arbitration Enforcement / Interlocutory Application for Enforcement Related Orders

Legal Issues

  1. 1 Whether further asset disclosure and cross-examination of the Third Defendant are warranted to enforce an ICC arbitral award
  2. 2 Whether alternative service by email should be permitted
  3. 3 Whether a regime of continuing disclosure and document production is proportionate and necessary

Ratio Decidendi

Persistent non-compliance with disclosure orders by the Third Defendant, the scale of the award, and the international nature of the assets justify orders for cross-examination, alternative service, continued asset disclosure, and production of specified documents as necessary and proportionate measures to secure enforcement of the arbitral award.

Court Disposition

Application granted

Orders

  • Order for cross-examination of the Third Defendant on asset disclosure issues
  • Permission to serve the cross-examination order and related documents by email on the Defendant and his solicitors