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Introduction
In a significant achievement, Galadari Advocates & Legal Consultants successfully represented a party to a UAE-seated ICC arbitration before the Dubai Court of Cassation resulting in a pioneering decision upholding the authority of arbitral tribunals to issue anti-suit injunctions.
Anti-Suit Injunction granted by the ICC Tribunal
In the underlying arbitration, the ICC tribunal issued an anti-suit injunction restraining the opposing party from initiating or continuing parallel court proceedings relating to matters governed by the arbitration agreement.
Challenge before the Dubai Court of Appeal
The injunction was challenged before the Dubai Court of Appeal in Case No. 8 of 2025. On 28 April 2025, the Court of Appeal annulled the order, holding that it violated the constitutional right of access to courts and UAE Federal Arbitration No. 6 of 2018 (“Arbitration Law”).
Galadari filed an appeal before the Dubai Court of Cassation against the Dubai Court of Appeal’s Decision in Case No. 8 of 2025, arguing, inter alia, that:
- The anti-suit injunction was issued as a valid interim measure within the scope of Article 21(h) of the Arbitration Law; and
- As per the scheme and provisions of the Arbitration Law, the arbitral tribunal’s power to modify or revoke interim measures is exclusive, and any challenge must be made before the tribunal itself, not the local courts.
Decision of the Dubai Court of Cassation
In a landmark decision dated 3 July 2025, the Dubai Court of Cassation in Commercial Appeal No. 657 of 2025 reversed the Court of Appeal’s judgment and held, inter alia, that:
- Based on the text of Article 21 of the Arbitration Law, the legislator has granted the arbitral tribunal the authority to order any interim or precautionary measures it deems necessary as required by the nature of the dispute during the course of the arbitration proceedings;
- The decision in question (anti-suit injunction) was issued by the arbitral tribunal as an interim measure during its consideration of the arbitration case; and
- The cancellation, suspension, or amendment of any interim or precautionary measure issued by an arbitral tribunal during arbitral proceedings is a power reserved to the arbitral tribunal alone, and no other entity has the authority to interfere in this regard.
The Court accordingly annulled the lower court’s ruling and dismissed the underlying challenge for want of jurisdiction, reinforcing the tribunal’s procedural autonomy.
Why This Matters
This decision represents one of the earliest authoritative rulings in mainland UAE affirming that arbitral tribunals seated in the jurisdiction may issue binding anti-suit injunctions. The judgment is likely to play an important role in challenging the prevailing view that anti-suit injunctions are inconsistent with UAE public policy and marks a step forward in the courts’ embrace of international arbitral norms.
As counsel in these proceedings, Galadari is proud to have contributed to the evolving landscape of arbitration law in the UAE, and to a judgment that strengthens the jurisdiction’s standing as a modern, arbitration-friendly seat.
Authors: Shani Salim, Faizan Daud, Ahmed Kamel