- English court says no to certain issues being determined by UAE courts (Dana Gas PJSC v Dana Gas Sukuk Ltd and others)
- What are the practical implications of the judgment?
- What was the background?
- What did the court decide?
Dispute Resolution analysis: David Miles, partner at Covington & Burling LLP, and Christoph Schulz, associate, examine the Commercial Court’s refusal of an application by a claimant, which had commenced proceedings in both England and the United Arab Emirates (UAE) concerning the validity of a sukuk (a Sharia-compliant bond). The court refused to vary a previous direction that the English court would determine the issues relating to both the sukuk’s underlying mudarabah agreement, which was governed by UAE law, and its underlying purchase undertaking, which was governed by English law.
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