• Sectors we work in banner(2)

    Quick Reads

DIFC Courts reassert their jurisdiction to issue worldwide freezing orders in support of foreign proceedings

In a landmark decision issued in the case of Carmon Reestrutura-engenharia E Serviços Técnios Especiais, (Su) LDA v Antonio Joao Catete Lopes Cuenda [2024] DIFC CA 003, the DIFC Court of Appeal has confirmed that the DIFC Courts have jurisdiction to issue worldwide freezing orders in support of proceedings outside of the United Arab Emirates. 

In the proceedings, the appellant alleged that the respondent had misappropriated USD 20 million, with some of the funds being transferred to two accounts at Emirates NBD Bank in the UAE.  A worldwide freezing injunction was granted by the Hong Kong Courts, but Emirates NBD denied it was bound by the injunction because it was issued in Hong Kong. The appellant sought a worldwide freezing order from the DIFC Courts, which was  granted at a without notice hearing on 23 July 2023 but set aside on 6 September 2023 on the basis of the precedent set by the Court’s decision in the case of Sandra Holding Ltd and others v Fawzi Musaed Al Saleh and others [2023] DIFC CA 003. 

Handed down in September 2023, the Sandra Holding judgment surprised the UAE legal community by establishing that the DIFC Courts lacked jurisdiction to grant a worldwide freezing order as the relevant sections of the Judicial Authority Law and the Rules of the DIFC Courts  relating to the grant of interim remedies did not expressly confer jurisdiction on the DIFC Courts for the purposes of Article 5(A)(1)( e) of the Judicial Authority Law. The Court in Sandra Holding found that the DIFC Courts’ jurisdiction to grant interim relief was necessarily established by one of the other gateways in Article 5(A) of the Judicial Authority Law which generally require a nexus to the DIFC (e.g. because a party is established in the DIFC, or because part or all of the underlying contract or tort had a factual connection to the DIFC).   

In the Carmon case, the Court took a more “expansive approach informed by public policy” in the interpretation of its powers which it said was consistent with the objectives of the DIFC as a global financial hub, while confirming that it had the inherent jurisdiction to issue freezing orders to assist foreign courts. The Court clarified its position, stating "It is the respectful opinion of this Court that the Court in Sandra Holding took a wrong turning in an unduly restrictive view of the powers of this Court which may be deployed in aid of its express jurisdiction to recognise and enforce foreign judgments." 

The Court justified its decision to depart from Sandra Holding, saying that that judgment was legally incorrect, it caused inconvenience by allowing the Courts’ jurisdiction to be thwarted whilst emphasizing that overturning Sandra Holding would not be disruptive given the short time frame since the precedent was set. Overturning the earlier decision was a necessary step to ensure the DIFC Courts’ jurisdiction could be exercised effectively in support of the rule of law in international trade and commerce. 

It is worth noting that, despite the Court’s decision to assert jurisdiction for issuing worldwide freezing orders in support of foreign proceedings, it was made clear that the DIFC Courts remain committed to a cautious application of worldwide freezing orders (and other interim relief orders) to ensure that such powerful tools are used appropriately, in the Courts’ discretion, and only when an applicant can demonstrate in the case of a worldwide freezing order, “a good arguable case on the merits of the underlying claim in the foreign proceedings and that there is a real risk of dissipation of assets."  

On the exercise of the Courts’ discretion, the Court of Appeal identified that “in many cases it would be expected that such a freezing order would be limited to assets within Dubai”, leaving the door open for respondents to interim relief applications and orders to mount challenges in cases where there is no or little prospect of enforcement of the fruits of the foreign proceedings within the DIFC’s jurisdiction. 

The Carmon decision firmly demonstrates the DIFC Courts’ willingness to assist parties to achieve justice in foreign proceedings, and is a significant milestone that is likely to be welcomed by the international legal community and commercial parties alike.  

 

 

 

Our thinking

  • Habits to Prevent Burnout in Law

    Rebecca Piper

    Events

  • Agricultural law review 2025/2026: Key cases and legislation in 2025 and what’s ahead in 2026

    Maddie Dunn

    Insights

  • Key Developments in International Arbitration for 2026

    Dalal Alhouti

    Quick Reads

  • Agricultural policy review 2025: Key changes and what to expect in 2026

    Maddie Dunn

    Insights

  • QFC Structures for Family Business Succession and Governance

    Ahmad Anani

    Insights

  • Compliance Week quotes Abigail Rushton on the UK’s anti-corruption strategy and compliance lessons for companies and advisors

    Abigail Rushton

    In the Press

  • When Saying “No” to Mediation Is Reasonable: Guidance from Grijns v Grijns

    Bella Preece

    Quick Reads

  • A farm legal resilience checklist: 10-Minute audit to protect your business in 2026

    Maddie Dunn

    Quick Reads

  • Internet Retailing quotes Jamie Cartwright on the HFSS advertising ban

    Jamie Cartwright

    In the Press

  • eprivateclient quotes Harriet Betteridge, Hannah Catt, Gregoire Uldry and Alex Reid on 2026 predictions in the private wealth space

    Harriet Betteridge

    In the Press

  • Law 360 quotes Caroline Greenwell and Bella Henry on the Santander APP fraud case

    Caroline Greenwell

    In the Press

  • Non-EU Courts on the Enforcement of Spain’s Intra-EU Arbitration Awards: Sovereign Immunity and EU Law Objections

    Thomas R. Snider

    Insights

  • New Cryptoasset Reporting Framework (CARF) implemented - how might it affect you?

    Vadim Romanoff

    Quick Reads

  • Cobden v Cobden: the Court of Appeal revisits exceptional circumstances and “proprietary estoppel-ish” equity on dissolution of a farming partnership

    Cora Hardy

    Insights

  • Defamation Defences in Practice: Key Takeaways from the case of Noel Clarke v The Guardian

    Ellen Roberts

    Insights

  • Are Dasher, Dancer and Prancer and friends livestock? Can Father Christmas and his reindeer clear UK animal movement rules in a single night?

    Maddie Dunn

    Quick Reads

  • From tweet to trial: Blake v Fox

    Hannah Gornall

    Insights

  • Merry Christmas to farmers and business owners - a surprise (and very welcome) increase to the 100% APR/BPR allowance

    Sarah Wray

    Quick Reads

  • Thomas R. Snider, Ahmad Anani and Etidal Alwazani write for Daily Jus on the architecture of interim measures under the Qatari Civil and Commercial Arbitration Law

    Thomas R. Snider

    In the Press

  • The Farming Profitability Review and the new Farming and Food Partnership Board: what’s new and what do you need to know?

    Maddie Dunn

    Quick Reads

Back to top