Search for:
Category

Middle East – Africa

Category

The DIFC Court of Appeal (“Appeal Court”) confirmed in a recent judgement in Neal v Nadir [2024] DIFC A 001 (“Judgement”) that the DIFC Courts have jurisdiction to enforce interim measures where the seat of the arbitration is not the Dubai International Financial Centre (DIFC), when those interim measures take the form of an award. Factual Background The case concerned a provisional award rendered by an arbitral tribunal seated in London, where the relevant arbitration…

In a recent General Assembly of the Dubai Court of Cassation (“Cassation Court”) case,[1] the Cassation Court has expressly reversed its previous position regarding the effects of a party’s failure to pay arbitration costs on the validity of the arbitration agreement. In accordance with Article 20 of Dubai Law No. 13 of 2016 on the Judicial Authority in the Emirate of Dubai, the General Assembly (which comprises the Head of the Cassation Court and at…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in the Kingdom of Saudi Arabia continues to be governed by the arbitration law issued by Royal Decree No. 34/M, dated 24/5/1433H (corresponding to 16 April 2012G) and its implementing regulations (which came into force on 7 June 2017), which replaced the arbitration law issued by Royal Decree No. 46/M, dated 12/7/1403H, to which no notable amendments have been made since. A.2 Institutions, rules and infrastructure The…

In a landmark judgment issued on 6 September 2023 in (1) Sandra Holding Ltd (2) Nuri Musaed Al Saleh (together the “Respondents”) v. (1) Fawzi Musaed Al Saleh (2) Ahmed Fawzi Al Saleh (3) Yasmine Fawzi Al Saleh (4) Farah El Merabi (together the Appellants) [2023] DIFC CA 003 (the “Judgment”), the DIFC Court of Appeal (CA) has overturned a Worldwide Freezing Order (WFO) issued by the Court of First Instance on the basis that…