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AHMED MOHAMED EID AL YAHAD AL ZAABI v AL BUHAIRA NATIONAL INSURANCE COMPANY [2026] DIFC TCD 002 — Assessment of costs following unsuccessful appeal application (31 March 2026)
The dispute originated from a Part 7 claim filed by Ahmed Mohamed Eid Al Yahad Al Zaabi against Al Buhaira National Insurance Company. Following the dismissal of the Claimant’s action and the subsequent refusal of permission to appeal, the Defendant sought to recover its legal costs.
HUOBI OTC DMCC v TABARAK INVESTMENT CAPITAL [2021] DIFC TCD 001 — Procedural adjustment to document production timelines (08 July 2021)
The litigation, registered under TCD 001/2020, involves the Claimant, Huobi OTC DMCC, and two Defendants: Tabarak Investment Capital Limited and Mr. Christian Thurner. The dispute centers on complex commercial and technological claims that have necessitated rigorous case management within the…
NEST INVESTMENTS HOLDING LEBANON v DELOITTE & TOUCHE [2020] DIFC TCD 003 — Preliminary issues on auditor liability and limitation (13 June 2021)
The litigation arises from the collapse of the Lebanese Canadian Bank (LCB) following a 2011 notice from the US Financial Crimes Enforcement Network (FinCEN), which identified LCB as a "financial institution of primary money laundering concern." The Claimants, a group of shareholders including Nest…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2023] DIFC TCD 009 — Final assessment of construction litigation costs (30 August 2023)
The dispute between Five Real Estate Development and Reem Emirates Aluminium originated from complex construction litigation within the Technology and Construction Division. Following the resolution of the substantive claims, the court moved to the assessment of costs, a process initiated by the…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2023] DIFC TCD 009 — Post-judgment final account determination (26 May 2023)
This order finalizes the financial reconciliation between the parties following the court’s March 2023 judgment, rejecting late-stage attempts to reopen evidence regarding the Final Account.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2023] DIFC TCD 009 — Construction dispute over prolongation costs and indemnity claims (03 March 2023)
This judgment resolves a complex construction dispute concerning the FIVE JVC Hotel, focusing on the allocation of delay liability, the recovery of prolongation costs, and the legal enforceability of indemnity claims under UAE law.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2022] DIFC TCD 009 — Consent order for expert evidence management (13 May 2022)
The lawsuit concerns a complex construction dispute between Five Real Estate Development LLC (the Claimant) and Reem Emirates Aluminium LLC (the Defendant). The litigation has involved multiple interlocutory stages, including previous orders regarding counterclaims and strike-out applications, such…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2022] DIFC TCD 009 — Security for costs and payment on account (14 April 2022)
The dispute between Five Real Estate Development and Reem Emirates Aluminium concerns a complex construction project, which has generated significant litigation within the DIFC Courts’ Technology and Construction Division.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2022] DIFC TCD 009 — Dismissal of urgent application for Unless Order (22 March 2022)
The lawsuit concerns a complex construction dispute between Five Real Estate Development (the Claimant) and Reem Emirates Aluminium (the Defendant). The litigation has been characterized by numerous interlocutory skirmishes, as evidenced by the history of the case, including: [FIVE REAL ESTATE…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2022] DIFC TCD 009 — Disclosure Order regarding Redfern Schedule production (23 February 2022)
The litigation concerns a complex construction dispute between Five Real Estate Development (the Claimant) and Reem Emirates Aluminium (the Defendant). The parties have been locked in a series of procedural battles, including earlier disputes regarding counterclaims and FIDIC-based claims, as seen…
Ginette v Geary [2015] DIFC ARB 012: The Doctrine of Apparent Authority in Arbitral Enforcement
How the DIFC Courts solidified the enforceability of arbitration agreements signed by agents lacking express authority. On 7 April 2016, H.E.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINUM [2022] DIFC TCD 009 — Procedural stay and cost disclosure sequencing (21 January 2022)
The dispute centered on the timeline for the Defendant, Reem Emirates Aluminum, to file evidence in reply concerning Application 11, which had been previously set for 11 January 2022.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINUM [2022] DIFC TCD 009 — Procedural adjustments for amended counterclaims (12 January 2022)
Justice Lord Angus Glennie grants leave for the amendment of particulars of counterclaim and permits the late service of a reply witness statement in this ongoing construction dispute.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Consolidation and procedural directions (18 November 2021)
The litigation involves a complex construction dispute between Five Real Estate Development LLC (the Claimant) and Reem Emirates Aluminium LLC (the Defendant). The matter centers on contractual obligations and performance issues typical of large-scale development projects, which have necessitated…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINUM [2021] DIFC TCD 009 — Dismissal of second application for permission to appeal (25 October 2021)
Justice Lord Angus Glennie dismisses a second attempt to appeal a strike-out refusal, affirming the high threshold for challenging interlocutory procedural decisions in construction disputes.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of second application for permission to appeal (24 October 2021)
The dispute arises from a construction contract between Five Real Estate Development LLC (the Claimant) and Reem Emirates Aluminum LLC (the Defendant). The Claimant sought to strike out the Defendant’s counterclaim, an application that was rejected by Justice Sir Richard Field in an order dated 31…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Refusal of stay pending appeal (20 October 2021)
The Technology and Construction Division confirms that procedural delays and the potential for wasted costs justify the refusal of a stay of an immediate judgment application, even where a parallel appeal is pending.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Procedural directions on cost assessment challenges (22 September 2021)
The litigation concerns two distinct applications filed by Five Real Estate Development LLC (the Claimant) seeking to set aside orders issued by the Deputy Registrar on 18 July 2021.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of application for permission to appeal (22 August 2021)
The litigation arises from a construction dispute where the parties were subject to an Engineer’s Determination regarding payment obligations. The Claimant, Five Real Estate Development, sought to strike out the Defendant’s counterclaim, arguing that the Defendant was bound by the figures set out…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of second permission to appeal (29 July 2021)
The litigation between Five Real Estate Development and Reem Emirates Aluminium originated as a construction dispute within the Technology and Construction Division. The Claimant sought to pursue various claims against the Respondent, which were subsequently met with a successful strike-out…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Default Costs Certificate (28 July 2021)
The dispute concerns the recovery of legal costs incurred during the underlying litigation between Five Real Estate Development LLC and Reem Emirates Aluminium LLC. Following the progression of the substantive matter, the Defendant sought to recover its costs through the formal assessment process.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of appeal against strike out and amendment nullification (08 June 2021)
The litigation originated from a construction dispute where the Claimant, Five Real Estate Development, sought to amend its Particulars of Claim to include new heads of loss, specifically an indemnity claim regarding project owner liabilities and damages for construction defects.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — The limits of res judicata in FIDIC-based construction disputes (31 May 2021)
The litigation centers on a Sub-Contract Agreement dated 29 May 2018, governed by the 1999 FIDIC Conditions of Contract. The Claimant, Five Real Estate Development, originally sought AED 7,744,388.00 from the Defendant, Reem Emirates Aluminium, based on an Engineer’s Determination dated 5 March…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Immediate judgment on FIDIC-based claims (04 May 2021)
The DIFC Court of First Instance clarifies the limits of challenging an Engineer’s Determination under a FIDIC 1999 contract, granting immediate judgment where the claimant’s arguments contradict the underlying certified figures.