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Five Real Estate Development v Reem Emirates Aluminium [2023] DIFC TCD 009: The High Cost of Procedural Overreach in Construction Disputes
How the Technology and Construction Division is hardening its stance against flawed delay analysis and procedural brinkmanship.
Ssangyong-Besix v First Abu Dhabi Bank [2020] DIFC TCD 004: The Procedural Rigour of the Technology and Construction Division
How the TCD manages complex joint venture disputes through disciplined case management and preliminary issue resolution
Brogan Middle East Scaffolding v Arabtec Construction [2021] DIFC TCD 008: The High Cost of Procedural Default in Construction Litigation
How a failure to engage with the DIFC Court’s procedural requirements led to a multi-million dirham default judgment.
Alucor v Rohr Rein Chemie [2021] DIFC TCD 001: The Limits of Clawing Back Dubai Court Judgments
Navigating the intersection of exclusive jurisdiction clauses and the finality of onshore payment orders
Bond Interior Design v Tr88house Restaurant [2023] DIFC TCD 001: The High Cost of Procedural Laxity in Construction Litigation
From a failed default judgment to a final account victory, the TCD’s latest ruling serves as a masterclass in the necessity of strict procedural compliance.
Rafid Gourmet v DIF Interior Decoration [2023] DIFC TCD 003: The High Cost of Procedural Finality in Construction Disputes
When the DIFC Court shuts the door on post-judgment evidence, practitioners must reckon with the absolute finality of perfected orders.
Architeriors v Emirates National Investment [2024] DIFC TCD 001: The High Cost of Procedural Missteps in Construction Litigation
How a series of missed deadlines and procedural overreach turned a standard refurbishment dispute into a two-year appellate saga.
Five Real Estate Development v Reem Emirates Aluminium [2021] DIFC TCD 003: The Perils of Procedural Prematurity in Default Judgments
How a three-week procedural tug-of-war in the Technology and Construction Division serves as a masterclass in the strict application of the Rules of the DIFC Courts. On 11 October 2021, H.E.
Panther Real Estate v Modern Executive Systems [2022] DIFC TCD 003: The High Cost of Abandonment and the Limits of FIDIC Termination
A deep dive into the DIFC Technology and Construction Division's rigorous approach to contract termination, liquidated damages, and the evidentiary threshold for completion costs.
Nest Investments v Deloitte [2021] DIFC TCD 003: The High Cost of Procedural Missteps in Lebanese Law Disputes
How a multi-year battle over audit failures and limitation periods redefined the DIFC’s approach to foreign law evidence
Five Real Estate Development v Reem Emirates Aluminium [2023] DIFC TCD 009: The High Cost of Procedural Overreach in Construction Disputes
A multi-year construction litigation saga concludes with a AED 17 million judgment, underscoring the dangers of post-judgment re-litigation.
Gate Mena v Tabarak Investment Capital [2022] DIFC TCD 001: The High Cost of Misjudged Cryptocurrency Custody
How a failed 300 BTC transaction in the DIFC exposed the limits of fiduciary liability and the necessity of rigorous evidence in digital asset disputes.
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…
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.