Jurisdiction(s):
United Kingdom

Dubai Court of Cassation: Expert appointment is a provisional measure under Article 18 UAE FAL; arbitration clause in company articles enforced; applications lie to Court of Appeal President, not DCFI

Published on: 19 February 2026

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Al Ghurair First LLC and others v Heirs of Saif Ahmed Majid Al Ghurair Commercial Appeals Nos 1267 & 1316 of 2025

What are the practical implications of this case?

This decision underscores the DCC’s pro-arbitration orientation, evidenced by its rigorous application of the arbitration clause set out in the company’s articles of incorporation. The DCC concluded that parties may not evade the arbitration-specific procedural regime under the FAL—and, in particular, the curial courts’ role in granting interim relief under Article 18 FAL—by narrowing or re-casting their claims, where those claims remain within the ambit of the arbitration clause. In effect, parties cannot obtain court involvement by presenting the case as confined to procedure or evidence if, in substance, the step requested is interim relief within Article 18 FAL. Consequently, stripping out substantive relief (eg, a demand for profits) and confining the proceedings to an expert appointment or mere fact-finding did not bestow jurisdiction on the Dubai courts; such applications must be directed to the local courts solely in their supervisory capacity as curial courts...

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