Nashrah v (1) Najem (2) Nex [2025] DIFC ARB 005 (19 February 2025)

Nashrah v (1) Najem (2) Nex [2025] DIFC ARB 005 (19 February 2025)

DIFC Courts have supportive jurisdiction to grant an anti-suit injunction under Article 32 of Court Law irrespective of seat, exceptional circumstances exist due to procedural complexity and risk to contractual obligations, a valid arbitration agreement exists, the contract is not a consumer contract, and comity does not bar relief. ASI is granted restraining Defendants from proceedings outside DIFC.

Citation
[2025] DIFC ARB 005
Parties
Claimant: Nashrah; Defendant: Najem; Defendant: Nex
Jurisdiction
United Arab Emirates
Judgment Date
19 February 2025
Procedural Posture
Arbitration Related Application / Post Interim Injunction, Final Determination of Anti Suit Injunction
Outcome
Anti-suit injunction granted in favour of Claimant
Legal Topics
Anti Suit Injunctions, Jurisdiction, Arbitration Agreement Validity, Consumer Contract Enforcement, Comity, Interim Relief
Arbitration Civil Procedure Anti Suit Injunctions Jurisdiction Arbitration Agreement Validity Consumer Contract Enforcement Comity Interim Relief

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Parties

Nashrah

Claimant

Najem

Defendant

Nex

Defendant

Procedural Posture

Arbitration Related Application / Post Interim Injunction, Final Determination of Anti Suit Injunction

Legal Issues

  1. 1 Whether DIFC Courts have jurisdiction to grant an anti-suit injunction
  2. 2 Whether the arbitration agreement is valid and enforceable
  3. 3 Whether the contract is a consumer contract under DIFC Arbitration Law

Ratio Decidendi

DIFC Courts have supportive jurisdiction to grant an anti-suit injunction under Article 32 of Court Law irrespective of seat, exceptional circumstances exist due to procedural complexity and risk to contractual obligations, a valid arbitration agreement exists, the contract is not a consumer contract, and comity does not bar relief. ASI is granted restraining Defendants from proceedings outside DIFC.

Court Disposition

Anti-suit injunction granted in favour of Claimant

Orders

  • Defendants restrained from initiating or continuing proceedings before any court or tribunal in the United Kingdom or any other jurisdiction outside the DIFC.
  • Interim injunction confirmed and expanded to permanent anti-suit injunction.