In a noteworthy first decision, the Judicial Tribunal for the Dubai Court and DIFC Court (JT), established to decide conflicts of jurisdiction between the two courts, has ruled on 27 January 2017 that Daman Real Capital Partners Company LLC v. Oger Dubai LLC case should be remitted for trial by the Dubai Court, and that the DIFC Court should cease from entertaining the case entirely.
Albeit Fichte & Co had predicted that the JT would have curbed the DIFC Court jurisdiction, the decision still comes as a surprise considering that the case exhibited strong connecting factors to the DIFC and both the Dubai Court of First Instance and the Court of Appeal had denied the award debtor’s application to annul the award on jurisdictional grounds, with an appeal to the Court of Cassation pending. Moreover, the DIFC Courts had already enforced the award and issued interim orders for the award debtor to be wound up as per the DIFC Insolvency Act, hence further implications of the decision may even be that the DIFC Court may not be able to make interim orders in support of an award that is being enforced.
If you need further assistance with a Dubai Court or DIFC Court matter, contact Alessandro Tricoli on +971 44 357 577.
Author: Alessandro Tricoli