- DIFC Court issues anti-suit injunction discontinuing onshore Dubai court proceedings (Multiplex Constructions v Elemec Electromechanical Contracting)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: The Dubai International Financial Centre (DIFC) Court of First Instance has, for the first time, ordered a party to a pending DIFC-LCIA arbitration to discontinue its litigation in the Dubai onshore court. It has long been a tactic in Dubai for some contracting parties to refer a dispute to the onshore Dubai court despite having agreed, in its contract, a different dispute resolution process. The decision of H E Justice Shamlan Al Sawalehi in this case signals that the DIFC Court will, in an appropriate case, both protect its jurisdiction and robustly exercise its responsibility as the supervising jurisdiction. The decision will likely have a significant impact on disputes in the region—particularly for companies who have the benefit of DIFC-based arbitration clauses. Written by Matthew Heywood, senior partner, at Mantle Law Ltd.
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