Latest articles
EAST FISH PROCESSING v ECOLOG INTERNATIONAL [2021] DIFC CFI 052 — Case Management Order (20 October 2021)
The litigation involves a commercial claim brought by East Fish Processing LLC against Ecolog International FZE and its parent entity, Ecolog International. While the specific underlying contractual breach or tortious claim is not detailed in the procedural order, the court has acknowledged the…
LUCILA v LINKALINKA [2020] DIFC CFI 052 — Appeal regarding entitlement to variable compensation and statutory penalties (11 November 2020)
The dispute centered on whether the Claimant, Lucila, was entitled to variable compensation under his employment contract with Linkalinka. While the Small Claims Tribunal (SCT) had previously determined that Lucila successfully "captured" three specific contracts—a proof of concept with Smart Dubai…
TREEFROG CAPITAL v TONIQUE CONSULTANCY [2019] DIFC CFI 052 — Case Management Order (13 February 2019)
The Court’s order mandates a strict timeline for the Claimant to respond to the defensive pleadings filed by the various respondents. Given the complexity of having three distinct parties, the Court has bifurcated the deadlines for the Claimant’s responses to ensure the litigation moves forward…
ARMON REESTRUTURA - ENGENHARIA E SERVIÇOS TÉCNICOS v ANTONIO JOAO CATETE LOPES CUENDA [2023] DIFC CFI 051 — Dismissal of freezing orders and jurisdictional challenge (27 December 2023)
The DIFC Court of First Instance vacates freezing orders and dismisses the underlying action, setting the stage for a critical appellate review of the jurisdictional reach established in Sandra Holding.
CARMON REESTRUTURA – ENGENHARIA E SERVIÇOS TÉCNICOS v ANTONIO JOAO CATETE LEPES CUENDA [2023] DIFC CFI 051 — Continuation of freezing order despite non-disclosure (07 September 2023)
The DIFC Court of First Instance maintains a freezing order over UAE-based assets, prioritizing the risk of asset dissipation over the claimant’s procedural failures regarding the duty of full disclosure.
CARMON REESTRUTURA - ENGENHARIA E SERVIÇOS TÉCNICOS ESPECIAIS v ANTONIO JOAO CATETE LOPES CUENDA [2023] DIFC CFI 051 — Freezing Order and disclosure obligations (24 July 2023)
The lawsuit concerns a freezing order sought by the Claimant, Carmon Reestrutura - Engenharia E Serviços Técnicos Especiais, LDA, against the Respondent, Antonio Joao Catete Lopes Cuenda.
Zaya Living Real Estate Development v China State Construction Engineering Corporation [2023] DIFC CFI 051 — denial of permission to appeal costs certificate (07 November 2023)
The DIFC Court of First Instance affirms the finality of Registrar-level case management decisions, confirming that a failure to secure an extension of time for an appeal renders the underlying appeal automatically time-barred.
ZAYA LIVING REAL ESTATE DEVELOPMENT v CHINA STATE CONSTRUCTION ENGINEERING CORPORATION [2023] DIFC CFI 051 — Denial of permission to appeal costs certificate (02 November 2023)
The dispute stems from a Final Costs Certificate issued by Registrar Ayesha Bin Kalban on 31 May 2023, which Zaya Living Real Estate Development L.L.C (the Claimant) sought to appeal.
ZAYA LIVING REAL ESTATE DEVELOPMENT v CHINA STATE CONSTRUCTION ENGINEERING CORPORATION [2023] DIFC CFI 051 — Registrar denies retrospective extension for costs appeal (21 August 2023)
The dispute originated from the issuance of a Final Costs Certificate by Registrar Ayesha Bin Kalban on 31 May 2023, which quantified the costs payable following the underlying litigation between Zaya Living Real Estate Development L.L.C (the Claimant) and China State Construction Engineering…
Zaya Living Real Estate Development v China State Construction Engineering Corporation [2023] DIFC CFI 051/2022 — Registrar denies retrospective extension for costs appeal (17 August 2023)
The dispute stems from the underlying litigation between Zaya Living Real Estate Development and China State Construction Engineering Corporation (Middle East). Following the conclusion of the main proceedings, the Registrar issued a Final Costs Certificate on 31 May 2023.
ZAYA LIVING REAL ESTATE DEVELOPMENT v CHINA STATE CONSTRUCTION ENGINEERING CORPORATION [2023] DIFC CFI 051 — Final assessment of costs following a successful jurisdiction challenge (31 May 2023)
The Registrar issues a Final Costs Certificate quantifying the financial burden on the Claimant following a failed attempt to establish DIFC Court jurisdiction over a construction dispute.
Zaya Living Real Estate Development v China State Construction Engineering Corporation [2023] DIFC CFI 051 — Refusal of second permission to appeal regarding arbitration referral (02 May 2023)
The litigation arises from a construction contract concerning the Hameni Tower project located in Jumeirah Village Circle, Dubai. The relationship between the developer, Zaya Living Real Estate Development L.L.C, and the contractor, China State Construction Engineering Corporation (Middle East)…
Zaya Living Real Estate Development v China State Construction Engineering Corporation [2023] DIFC CFI 051 — Refusal of permission to appeal regarding jurisdictional limits (01 February 2023)
The DIFC Court of First Instance confirms that it lacks the statutory authority to intervene in onshore Dubai arbitrations or to grant declaratory relief where the seat of arbitration is not within the DIFC.
ZAYA LIVING REAL ESTATE DEVELOPMENT v CHINA STATE CONSTRUCTION ENGINEERING CORPORATION [2022] DIFC CFI 051 — Procedural management of jurisdictional challenges (02 September 2022)
The dispute arises from a Part 8 claim initiated by Zaya Living Real Estate Development LLC against China State Construction Engineering Corporation (Middle East) LLC. While the specific underlying commercial grievance—typically involving construction contracts or real estate development…
DUBAI FINANCIAL SERVICES AUTHORITY v COMMISSIONER OF DATA PROTECTION [2021] DIFC CFI 051 — Consolidation of data protection appeals (21 February 2021)
The litigation concerns a regulatory dispute involving the Dubai Financial Services Authority (DFSA) and the Commissioner of Data Protection, with Anna Waterhouse named as a respondent in the first claim and an interested party in the second.
THE DUBAI FINANCIAL SERVICES AUTHORITY v THE COMMISSIONER OF DATA PROTECTION [2020] DIFC CFI 051 — Regulatory costs and appeal finality (28 October 2020)
The DIFC Court of First Instance clarifies that regulatory bodies are not immune from adverse costs orders and reinforces the jurisdictional limits regarding second appeals in statutory data protection matters.
THE DUBAI FINANCIAL SERVICES AUTHORITY v THE COMMISSIONER OF DATA PROTECTION [2020] DIFC CFI 051 — Regulatory investigation and data subject access rights (12 August 2020)
The dispute arose from a regulatory investigation conducted by the DFSA into Deutsche Bank and its employees, including Ms Anna Waterhouse, who served as Head of Legal & Compliance for the Middle East and North Africa.
THE DUBAI FINANCIAL SERVICES AUTHORITY v THE COMMISSIONER OF DATA PROTECTION [2020] DIFC CFI 051 — Regulatory investigation and subject access request disclosure obligations (01 June 2020)
The dispute arises from the DFSA’s refusal to comply with a Subject Access Request (SAR) submitted by Ms Anna Waterhouse, a former Head of Legal & Compliance at Deutsche Bank. Following a lengthy investigation into regulatory breaches within the bank’s Private Wealth Management team, the DFSA…
DUBAI FINANCIAL SERVICES AUTHORITY v COMMISSIONER OF DATA PROTECTION [2019] DIFC CFI 051 — Regulatory data protection appeal and judicial review (05 August 2019)
The litigation arises from a regulatory conflict involving the Dubai Financial Services Authority (DFSA) and the Commissioner of Data Protection, with Anna Waterhouse named as the second defendant.
DUBAI FINANCIAL SERVICES AUTHORITY v COMMISSIONER OF DATA PROTECTION [2019] DIFC CFI 051 — Procedural management of data protection appeals (07 February 2019)
The Deputy Registrar establishes a rigid procedural framework for an appeal under the Data Protection Law, rejecting attempts to stay proceedings while synchronizing evidentiary records with related litigation.
DUBAI FINANCIAL SERVICES AUTHORITY v COMMISSIONER OF DATA PROTECTION [2018] DIFC CFI 051 — Joinder of parties in data protection appeals (21 November 2018)
The dispute centers on an appeal initiated by the Dubai Financial Services Authority (DFSA) against the Commissioner of Data Protection, brought pursuant to Article 37(1) of DIFC Law No. 1 of 2007 (The Data Protection Law).
THE DUBAI FINANCIAL SERVICES AUTHORITY v THE COMMISSIONER OF DATA PROTECTION [2018] DIFC CFI 051 — Procedural directions for data protection appeals (17 September 2018)
The lawsuit concerns a regulatory appeal brought by the Dubai Financial Services Authority (DFSA) against a decision issued by the Commissioner of Data Protection. The proceedings are grounded in Article 37(1) of DIFC Law No.
GLOBEMED GULF HEALTHCARE SOLUTIONS v OMAN INSURANCE COMPANY [2024] DIFC CFI 051 — Permission to appeal granted due to quantum inconsistencies (04 December 2024)
The dispute centers on the final quantification of damages awarded to the Claimant, Globemed Gulf Healthcare Solutions, following a trial regarding a Third-Party Administrator (TPA) agreement.
GLOBEMED GULF HEALTHCARE SOLUTIONS v OMAN INSURANCE COMPANY [2024] DIFC CFI 051 — Quantum determination following TPA agreement breach (05 September 2024)
The DIFC Court of First Instance finalizes the quantum of damages at AED 66.8 million, resolving a long-standing dispute over the financial implications of a terminated Third-Party Administrator (TPA) agreement.