Insights
Commentary and case notes on UAE litigation, arbitration, enforcement and dispute resolution developments.
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Abu Dhabi Court of Appeal Confirms ADGM Jurisdiction in Investment Dispute
An Abu Dhabi Court of Appeal judgment confirming that disputes arising from investments with ADGM-incorporated entities may fall within the jurisdiction of the ADGM Courts where the statutory jurisdictional gateways and substantive connections with the ADGM are satisfied. The decision also clarifies that governing law and jurisdiction are distinct questions and that jurisdiction must be assessed by reference to the applicable statutory framework and the transaction’s underlying connections with the ADGM.
Abu Dhabi Court of Cassation Clarifies Liability in Complex Investment Arrangements
A recent Abu Dhabi Court of Cassation judgment clarifying how courts may determine liability in complex investment arrangements involving multiple corporate entities, overlapping management roles and limited formal documentation. The decision also confirms that corporate office alone does not create personal liability and that individual liability requires a separate legal and evidential basis.
Abu Dhabi Court of Cassation Clarifies Liability Under Investment Management and Custody Arrangements
An Abu Dhabi Court of Cassation judgment clarifying that the liability of licensed financial institutions in managed investment arrangements depends on the substance of their contractual roles, rather than labels such as “limited-discretion manager” or agent. The Court confirmed that institutions assuming investment-management, custody and liquidation responsibilities may be liable for outstanding investment balances, while directors and managers are not automatically personally liable absent separate wrongdoing.
Dubai Court of Appeal Confirms Mandatory MOHRE Referral for Employment-Related Claims
A Dubai Court of Appeal judgment confirming that employment-related recovery claims must follow the mandatory MOHRE dispute-resolution procedure before court proceedings are commenced. The decision also clarifies that courts will assess the substance of the employment relationship rather than the contractual label given to the claim.
Dubai Court of Cassation Clarifies When a Market-Rate Return Is Payable on Frozen Bank Balances
A Dubai Court of Cassation judgment confirming that where the Central Bank of the UAE issues a binding instruction requiring frozen account balances to accrue a return at the prevailing market rate, licensed banks must comply. The Court also clarified that while such a return may be recoverable, an additional award of interest on the accrued return is prohibited as impermissible interest on interest under UAE law.
Dubai Court of Appeal Clarifies Scope of Investment Migration Advisory Mandates
A Dubai Court of Appeal judgment confirming that where a service provider's role is limited to advisory, administrative or coordination services in investment migration matters, the refusal of a residence or citizenship application does not, by itself, establish contractual liability.
Dubai Court of Cassation Clarifies Dubai Jurisdiction in Cross-Border Sales Concluded by Email
A Dubai Court of Cassation judgment confirming that Dubai Courts may exercise jurisdiction over cross-border commercial transactions concluded remotely where acceptance becomes known to the offeror in Dubai. The decision also clarifies how courts distinguish between purchasers and intermediaries by examining the substance of the transaction record.
Dubai Court of Cassation Confirms Arbitration Clause Remains Effective Despite Reference to Replaced Arbitration Institution
A Dubai Court of Cassation judgment confirming that an arbitration agreement remains enforceable despite referring to a replaced arbitration institution, provided the parties' intention to arbitrate is clear and the clause remains capable of performance under the applicable legal framework.