Dubai As An Arbitration-Friendly Jurisdiction

DIFC COURT OF APPEAL CONFIRMS ENFORCEABILITY OF ARBITRAL AWARDS GRANTING INTERIM RELIEF ISSUED IN NON DIFC-SEATED ARBITRATIONS

The Dubai International Financial Centre's (DIFC) Court of Appeal has recently confirmed, in CA 001/2024, that a provisional award granting interim measures, issued by a tribunal in a non DIFC-seated arbitration, is enforceable as an award in the DIFC Courts.

BACKGROUND

The claimant in a London-seated arbitration applied to the DIFC Court of First Instance for an order recognizing and enforcing a "Provisional Award on Interim Relief" (Provisional Award). The nature of the interim relief at issue was a proprietary injunction, a freezing order and an order for ancillary disclosure. The defendant challenged the enforceability of the Provisional Award under DIFC Law No. 1 of 2008 as amended (Arbitration Law). The Court of First Instance rejected the defendant's arguments and issued an order recognizing and enforcing the Provisional Award.