ARB 018/2023 (1) Nuriel (2) Naufil (3) Nishat v (1) Nuzhat (2) Nayaab [2024] DIFC ARB 018 (04 September 2024)

ARB 018/2023 (1) Nuriel (2) Naufil (3) Nishat v (1) Nuzhat (2) Nayaab [2024] DIFC ARB 018 (04 September 2024)

The arbitration agreements in the contracts and related agreements are valid and binding under applicable law, as the references to arbitration clauses satisfy the clarity and writing requirements of UAE Arbitration Law, and any discrepancies or lack of signatures do not invalidate the agreements. The DIFC Court has jurisdiction to grant a final anti-suit injunction restraining the Defendants from pursuing or continuing proceedings in the Abu Dhabi Courts, in support of DIFC-seated arbitration.

Citation
[2024] DIFC ARB 018
Parties
Claimant: Nuriel; Claimant: Naufil; Claimant: Nishat; Defendant: Nuzhat; Defendant: Nayaab
Jurisdiction
United Arab Emirates
Judgment Date
04 September 2024
Procedural Posture
Arbitration Related Court Application / Final Determination of Anti Suit Injunction Application
Outcome
Final anti-suit injunction granted; costs awarded to Claimants.
Legal Topics
Anti Suit Injunctions, Validity of Arbitration Agreements, Jurisdiction, Contract Interpretation, Enforcement of Arbitration Clauses
Arbitration Civil Procedure Contract Law Anti Suit Injunctions Validity of Arbitration Agreements Jurisdiction Contract Interpretation Enforcement of Arbitration Clauses

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Parties

Nuriel

Claimant

Naufil

Claimant

Nishat

Claimant

Nuzhat

Defendant

Nayaab

Defendant

Procedural Posture

Arbitration Related Court Application / Final Determination of Anti Suit Injunction Application

Legal Issues

  1. 1 Whether the arbitration clauses in the relevant contracts and related agreements are valid and binding under applicable law
  2. 2 Whether the DIFC Court has jurisdiction to grant a final anti-suit injunction restraining proceedings in Abu Dhabi Courts
  3. 3 Whether references to arbitration clauses in amendments and related documents satisfy the requirements of UAE Arbitration Law

Ratio Decidendi

The arbitration agreements in the contracts and related agreements are valid and binding under applicable law, as the references to arbitration clauses satisfy the clarity and writing requirements of UAE Arbitration Law, and any discrepancies or lack of signatures do not invalidate the agreements. The DIFC Court has jurisdiction to grant a final anti-suit injunction restraining the Defendants from pursuing or continuing proceedings in the Abu Dhabi Courts, in support of DIFC-seated arbitration.

Court Disposition

Final anti-suit injunction granted; costs awarded to Claimants.

Orders

  • Arbitration agreements in the specified contracts and related agreements declared valid and binding.
  • Reference to DIFC-LCIA Rules in arbitration agreements deemed to refer to DIAC Arbitration Rules 2022.