Skip to Content

CFI 016/2013 – Order made by H.E Justice Ali Al Madhani

CFI 016/2013 – Order made by H.E Justice Ali Al Madhani

February 9, 2014


Claim No. CFI 016/2013










UPON reading the Application No. 001/2013;

AND UPON reading the correspondence thereto;

PURSUANT TO Articles 44.12 and 44.14 of the Rules of the DIFC Courts


The application for permission to appeal be dismissed.


I refuse to grant permission to the applicant Robinson Club GMBH to appeal against the decision of Justice Sir David Steel of 25 November 2013 for the reason that I am of the view that the underlying purpose of the Decree of H.H. The Ruler of Dubai Constituting the Zabeel Investment Special Judicial Committee (“the Decree”), is to confer authority to deal with all cases and applications related to Zabeel Investments to the new Committee.

That includes new and pending cases or applications. The wording of the Decree is clearly drafted to reflect that intention:

Article 2(1) states that the Committee’s jurisdiction shall be:

“To hear and settle any claims and applications raised by or against Zabeel Investment.”

Article 3 of the Decree provides that “All Dubai Courts, including DIFC Courts, may not consider or resolve any applications or claims falling under the competence of the Committee as hereby determined. They shall all refrain from hearing all applications submitted to them before the issuance hereof. All such applications or claims are accordingly referred to the Committee.”The wording of these two Articles is clearly provides that the newly set up Committee shall deal with any new or pending applications. This application is a new one in that sense and capable of falling under the Committee’s jurisdiction.

The source of confusion for the Applicant is probably that in the given translation of the Decree, the provenance of which is uncertain, reference is made to “Applications” as “Demands” which led the Applicant to maintain that the Committee or Tribunal should only hear new cases or “Demands” which should be interpreted as the claiming of remedies, while he is applying to ratify and to enforce a determinative Arbitral Award that does not bring any new claim or demand and therefore would not fall under that Committee’s Jurisdiction.

When referring to the Arabic version the problematic word for me means “Application” by definition and not “Demands” as stated in the said English translation, the word “applications” is wide enough to accommodate an application for ratification and enforcement.

Although the Arbitral Award itself can be considered to be a litigated claim and no Committee or court should intervene in its merits beyond to the extent provided under the ratification power of that court, the application to ratify or to enforce is a new application however under the meaning of Articles 2 and 3 of the Decree and I do not see any issues or difficulties with this new Committee dealing with the new application to ratify or enforce the Arbitral Award.

In answer to all the other arguments put forward by the Applicant, the new Tribunal or Committee can now deal with all issues that the DIFC or Dubai Courts would have examined before the establishment of this new Tribunal.

Issued by:
Nassir Al Nasser

Judicial Officer
Date of Issue: 9 February 2014
At: 3pm


Privacy Policy

The Dubai International Financial Centre and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dubai International Financial Centre and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DIFC Courts's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DIFC Courts in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DIFC Courts and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DIFC Courts is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DIFC Courts and all its affiliates shall protect personal information held by them in all its form.
  6. DIFC Courts and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DIFC Courts and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DIFC Courts’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.


The content of the DIFC Courts website is provided for information purposes only and should be disregarded when making decisions on inheritance and any other matters. Whilst every reasonable effort is made to make the information and commentary accurate and up to date, the DIFC Courts makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on this website, which is subject to change at any time without notice. The information and commentary does not, and is not intended to, constitute legal advice by the DIFC Courts or any person employed or connected with it or formerly so employed or connected, to any person on any matter, be it in relation to inheritance, succession planning or otherwise. You are strongly advised to obtain specific, personal advice from a suitably qualified lawyer in relation to your personal circumstances and your objectives. The DIFC Courts does not assume any liability and shall not be liable to you for any damages, including but not limited to, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website, its administration and any content or lack thereof found on it. The information on this web site is not to be displayed except in full screen format. Although care has been taken to provide links to suitable material from this site, no guarantee can be given about the suitability, completeness or accuracy of any of the material that this site may be linked to or other material on the internet. The DIFC Courts cannot accept any responsibility for the content of material that may be encountered therein.