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Oran and Oaken v Oved CA 004/2025 What are the practical implications of this case? The decision signals that the Dubai International Financial Centre (DIFC) Courts will be slow to issue anti-suit injunctions restraining foreign proceedings unless such relief is anchored in a recognised head of DIFC jurisdiction. It also makes plain that Article 32 of the DIFC Court Law No. 12 of 2004 (the Judicial Authority Law) may supply a power, but does not, by itself, bestow jurisdiction on the court. The judgment further confirms that a reference to Dubai in an arbitration clause does not automatically denote the DIFC, and that identifying the seat is a fact-specific, context-driven inquiry. Lastly, it offers guidance on the correct reading of a consumer contract for the purposes of Section 12 of the 2008 DIFC Arbitration Law, as amended... What was the background? The dispute stems from air-ambulance services supplied by Oved, a company incorporated in the UK, to the late Mr Oran and Mr Oaken (together, the...
When and why is the new DIFC Courts Technology and Construction Division (TCD) opening? By way of context, Dubai operates under a civil law framework, with its court system governed by the UAE Civil Procedures Code. Yet Dubai also hosts the Dubai International Financial Centre (DIFC), a financial free zone. The DIFC constitutes a distinct ‘offshore’ common law jurisdiction, with its own courts modelled on the English Commercial Court, and is separate from the ‘onshore’ Dubai courts. On 15 August 2017, following a public consultation in March and April 2017, the DIFC Courts confirmed the TCD would launch in October 2017. As to the rationale, construction is a major industry in the United Arab Emirates and across the Middle East. Disputes are frequent, often high in value and technically intricate, and they arise regularly. A specialist forum to hear such cases is therefore sensible. The DIFC Courts are recognised for high-quality judgments that can be enforced with relative ease, in practice. In addition, from the DIFC Courts’ standpoint, the...
DIFC Courts and Smart Dubai The Dubai International Financial Centre Courts (DIFC Courts) are partnering with the government‑backed Smart Dubai initiative to examine how blockchain can be used to authenticate court judgments for the purpose of cross‑border enforcement. According to the DIFC Courts and Smart Dubai, the purpose of their joint task force is to deliver a ‘blockchain‑powered future for the judiciary’ that will streamline the judicial process by making legal tasks more efficient. Amna Al Owais, chief executive and registrar of the DIFC Courts, said in the statement: ‘This task force is in line with our’...
Interim remedies and arbitration in the UAE Interim remedies in the UAE are, as a rule, harder to secure than in jurisdictions such as England and Wales or the United States. Local UAE courts typically do not recognise injunctions or similar forms of interim relief, save for limited exceptions. In contrast, the Dubai International Financial Centre (DIFC) courts apply common law principles, so are more inclined to grant interim measures and have authority to make a wider range of orders. The tests the DIFC courts use when deciding whether to award an injunction will be familiar to lawyers from common law backgrounds. While this may reassure contracting parties choosing a DIFC courts jurisdiction clause, an interim order issued by the DIFC will be immediately effective only against assets, persons, or property located within the DIFC special economic zone. A claimant may then face difficulties enforcing that order against onshore assets through the UAE courts, particularly where the form of relief is not recognised by the UAE courts. On 3...
Loan market and developments At the start, it is important to recognise that engaging with a specific Emirate in the United Arab Emirates (UAE) requires consideration of both Federal laws and the rules of the relevant Emirate. Moreover, the UAE contains multiple free zones, each of which may apply its own legal regime; the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) are the most notable. Consequently, before entering into any arrangements linked to a particular free zone, tailored advice should be sought. Robust domestic economic conditions have underpinned the UAE banking sector’s expansion over the past couple of years. Fuelled by strong credit appetite from consumers, corporates and financial institutions, lending continues to rise, with increases across both retail and corporate lending. This trajectory is expected to endure despite regional geopolitical headwinds and oil price swings. Many regional banks are contending with the issue of non-performing...
Updated December 2025 Introduction The United Arab Emirates (UAE) sits at a pivotal juncture between leading Western and Eastern markets. Formed as a constitutional union of seven Emirates, each maintains its own local authority, while overarching governance rests with the Supreme Council and the Council of Ministers. As part of the Gulf Cooperation Council (GCC), the UAE participates in the Middle East’s sole multi-national common market, aimed at deepening cross-border economic and fiscal cohesion. Investing and trading in the UAE offers a broad spectrum of prospects for investors. This Practice Note highlights principal considerations for overseas organisations entering the UAE and the essential actions to commence operations. It concentrates on establishing in Mainland UAE, the Abu Dhabi Global Market (ADGM), and the Dubai International Financial Centre (DIFC). Although these jurisdictions are covered in depth, investors can also assess many alternatives within the UAE’s wide array of free zones, each with unique advantages and regulatory regimes. The material is provided for general guidance only and should not be acted...