Maria Mulla (leading Sajid Suleman) has successfully obtained permission from H.E. Chief Justice Wayne Martin to appeal to the DIFC Court of Appeal in the matter of Nashrah v (1) Najem (2) Nex, ARB 005/2025.

The case involves a complex jurisdictional dispute concerning an anti-suit injunction granted by the DIFC Courts, which halted proceedings in the English High Court. Those proceedings included an expedited application for a stay under section 9 of the Arbitration Act 1996, and a hearing for an anti-arbitration injunction - scheduled to take place the day after the DIFC ASI was obtained. Meanwhile, the Respondent commenced arbitration proceedings in DIAC.

The contract at the heart of the dispute, signed after Dubai Decree No. 34 of 2021 came into force, included a DIFC-LCIA arbitration clause. The contract does not specify a governing law, and the parties disagree as to whether the reference to the seat as "Dubai, United Arab Emirates" refers to onshore Dubai or the DIFC.

The Court of Appeal will consider the following key issues:

• Do the DIFC Courts have jurisdiction to grant an ASI in circumstances where the parties, the contract, and the dispute have no nexus to the DIFC?
• Is a reference to the seat as "Dubai, United Arab Emirates" a reference to the onshore Dubai courts or the DIFC courts?
• Is a "DIFC-LCIA" arbitration clause a reference to DIAC, even if the contract was signed after Dubai Decree No. 34 of 2021 came into force?
• Is security for an undertaking required if the applicant entity has no assets in the DIFC?
• Is an arbitration clause in a consumer contract enforceable under DIFC Arbitration Law?
• Must the terms of an ASI be contained in the order itself, or can they be expanded upon in the Reasons that follow?
• Was there procedural fairness at the ASI return date hearing?

The appeal will be heard as soon as reasonably practicable.

Maria Mulla and Sajid Suleman represent the Appellant in all related proceedings—before the English High Court, the DIFC Courts, and DIAC.

They are instructed by Dr. Mahmood Hussain and Nathan Balkie of M & Co Legal, Dubai, and Max Campbell and Kate Cross of Brett Wilson LLP.