Oleksei (2) Olesja (3) Oliff (4) Olexi (5) Olinijia (6) Olimipiana (7) Olley v (1) Olorun (2) Olov (3) Olumiji (4) Oluluaboe (5) Olushegun [2026] DIFC ARB 005 (28 January 2026)

Oleksei (2) Olesja (3) Oliff (4) Olexi (5) Olinijia (6) Olimipiana (7) Olley v (1) Olorun (2) Olov (3) Olumiji (4) Oluluaboe (5) Olushegun [2026] DIFC ARB 005 (28 January 2026)

The DIFC Courts lack jurisdiction to grant the interim injunction sought because no suitable precautionary measures are sought within the DIFC, there is no connection to the DIFC, and the relief would have no effect within the DIFC. The enforcement principle does not apply as the arbitral award sought would not be enforceable in the DIFC. The application does not fall within Article 15.4 of Dubai Law No. 2 of 2025.

Citation
[2026] DIFC ARB 005
Parties
Applicant: Oleksei; Applicant: Olesja; Applicant: Oliff; Applicant: Olexi; Applicant: Olinijia; Applicant: Olimipiana; Applicant: Olley; Respondent: Olorun; Respondent: Olov; Respondent: Olumiji; Respondent: Oluluaboe; Respondent: Olushegun
Jurisdiction
United Arab Emirates
Judgment Date
28 January 2026
Procedural Posture
Arbitration Related Application / Interim Application (injunction and Postponement) in Court of First Instance
Outcome
Applicants' injunction application dismissed; First Respondent's postponement application dismissed; costs reserved for future decision.
Legal Topics
Interim Relief in Support of Arbitration, Jurisdiction of DIFC Courts, Precautionary Measures, Recognition and Enforcement of Foreign Arbitral Awards
Arbitration Civil Procedure Jurisdiction Interim Relief in Support of Arbitration Jurisdiction of DIFC Courts Precautionary Measures Recognition and Enforcement of Foreign Arbitral Awards

Case Brief

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Parties

Oleksei

Applicant

Olesja

Applicant

Oliff

Applicant

Olexi

Applicant

Olinijia

Applicant

Olimipiana

Applicant

Olley

Applicant

Olorun

Respondent

Olov

Respondent

Olumiji

Respondent

Oluluaboe

Respondent

Olushegun

Respondent

Procedural Posture

Arbitration Related Application / Interim Application (injunction and Postponement) in Court of First Instance

Legal Issues

  1. 1 Whether DIFC Courts have jurisdiction under Article 15.4 of Dubai Law No. 2 of 2025 to grant interim injunctive relief in support of foreign-seated arbitration where no connection to the DIFC exists
  2. 2 Whether the orders sought constitute suitable precautionary measures within the DIFC
  3. 3 Whether the American Cyanamid test for interim injunctions is satisfied

Ratio Decidendi

The DIFC Courts lack jurisdiction to grant the interim injunction sought because no suitable precautionary measures are sought within the DIFC, there is no connection to the DIFC, and the relief would have no effect within the DIFC. The enforcement principle does not apply as the arbitral award sought would not be enforceable in the DIFC. The application does not fall within Article 15.4 of Dubai Law No. 2 of 2025.

Court Disposition

Applicants' injunction application dismissed; First Respondent's postponement application dismissed; costs reserved for future decision.

Orders

  • Applicants’ Injunction Application is dismissed.
  • First Respondent’s Postponement Application is dismissed.