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Dubai International Financial Centre Courts (DIFC Courts)

In DIFC Courts in Dubai I appear before the Court of Appeal as well as the Court of First Instance in Case Management Hearing, trials and appeals. The following cases reflect the type of disputes in which I have represented my clients so far before the DIFC Courts:

DIFC Courts, Dubai (Court of Appeal):

Hana Habib Mansoor Habib Al Herz v Sunset Hospitality Holdings Ltd & Peatura FZ LLC [2020] DIFC CA …: An application to the DIFC Court of Appeal to reopen a concluded appeal on a question of costs. The Court was invited to rule on legal arguments relating to the stringent test of reopening final appeals, court’s discretion in awarding costs and the appellate court’s power & practice to interfere with costs order. Judgment is currently reserved.

Hana Habib Mansoor Habib Al Herz v Sunset Hospitality Holdings Ltd & Peatura FZ LLC [2020] DIFC CA 011: An appeal to the Court of Appeal involving issues relating to conversion of Part 8 claim into Part 7 and a discretion of the Judge in deciding interlocutory procedural applications.

DIFC Courts, Dubai (Court of First Instance):

Muna Al Musleh v Capital Club Ltd Dubai [2021] DIFC CFI …: An appeal involving questions of validity and enforceability of an arbitration clause, analysis of DIFC Court’s statutory powers to either stay or dismiss a claim where there is a binding and enforceable arbitration clause in comparison with other common law jurisdictions e.g., England (s9 of the Arbitration Act 1996), Scotland (s10 of Arbitration Act 2010), Australia (s7(2) of the International Arbitration Act 1974), Hong Kong (s20(5) of the Arbitration Ordinance Cap. 609) and Singapore (s6(2) International Arbitration Act Cap 143A). Judgment is currently reserved.

Fix Sense Management LLC v Sunset Hospitality Holding Limited & Sunset Hospitality Group Holding Limited [2002] DIFC CFI 059: A claim involving challenge to validity of nominee share agreements; validity of cross-default clauses in commercial contracts and public policy of the UAE with regards of Commercial Companies Law of the UAE.