Claim No: ARB 034/2025

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

OHTLI

Claimant

and

ONORA

Defendant

ORDER WITH REASONS OF H.E. JUSTICE SHAMLAN AL SAWALEHI

UPON the Order of H.E. Justice Shamlan Al Sawalehi dated 22 December 2025 granting the Defendant’s Application No. ARB-034-2025/3 (the “Set Aside Application”) to set aside the interim anti-suit injunction (the “Set Aside Order”)

AND UPON paragraph 3 of the Order directing the Claimant to pay the Defendant the costs of the Set Aside Application

AND UPON the Defendant filing its Statement of Costs dated 29 December 2025

AND UPON reviewing the Statement of Costs and the supporting material

AND UPON considering Part 38 of the Rules of the DIFC Courts (“RDC”) and Practice Direction No. 4 of 2017 (Interest on Judgments)

IT IS HEREBY ORDERED THAT:

1. The Claimant shall pay the Defendant the amount of USD 37,897.70 (the “Costs Award”), representing 80% of the Defendant’s total costs claimed in the Statement of Costs, assessed on the standard basis.

2. The Costs Award shall be paid within 14 days from the date of this Order, pursuant to RDC 38.40.

3. In the event that the Claimant fails to pay the Costs Award within 14 days of this Order, interest shall accrue at the rate of 9% per annum from the date of this Order until full payment, in accordance with Practice Direction No. 4 of 2017.

Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 28 January 2026
At: 8am

1. This Order concerns the Defendant’s entitlement to its costs pursuant to paragraph 3 of the Order dated 22 December 2025, by which the interim anti-suit injunction granted on 12 September 2025 was discharged and the Defendant’s Set Aside Application was granted.

2. Pursuant to paragraph 3 of the Order, I ordered the Claimant to pay the Defendant’s costs of the Set Aside Application on the standard basis and required the Defendant to file a Statement of Costs.

3. The Defendant filed its Statement of Costs on 29 December 2025, claiming a total sum of USD 47,372.12, comprising legal fees and disbursements.

4. The Statement of Costs reflects work undertaken by two fee earners in relation to the preparation of the Set Aside Application and attendance at the Return Date hearing.

5. I am satisfied that the work undertaken was reasonably incurred and that the hourly rates applied are broadly consistent with the guidance set out in Registrar’s Direction No. 1 of 2023.

6. However, applying the standard basis of assessment under RDC 38.8 and RDC 38.23, and exercising my discretion to allow only such costs as are reasonable and proportionate, I consider that a moderate reduction is appropriate.

7. I therefore award the Defendant 80% of the costs claimed, namely USD 37,897.70, as a fair, reasonable, and proportionate quantification of the Defendant’s recoverable costs.

8. Payment shall be made within 14 days of this Order, with interest accruing thereafter in accordance with the DIFC Courts’ standard practice.