March 24, 2026 Arbitration - Orders
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 Claimant’s Application for Permission to Appeal limited to costs dated 12 January 2026 (the “PTA Application”)
AND UPON the Order with Reasons of H.E. Justice Shamlan Al Sawalehi dated 27 February 2026, by which the Claimant was ordered to pay the Respondent’s costs of the PTA Application (the “Order”)
AND UPON the Respondent’s Statement of Costs dated 2 March 2026
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 80% of the Defendant’s costs of the PTA Application in the total sum of USD 14,080 (the “Costs Award”).
2. The Claimant shall pay the Costs Award within 14 days of 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 the date of this Order, interest shall accrue at the rate of 9% per annum from the date of this Order until payment in full, in accordance with Practice Direction No. 4 of 2017.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 24 March 2026
At: 2pm
SCHEDULE OF REASONS
1. This Order concerns the assessment of the Respondent’s costs of the Claimant’s Application for Permission to Appeal limited to costs (the “PTA Application”).
2. By the Order dated 27 February 2026, the Claimant was directed to pay the Defendant’s costs of the PTA Application, with the Respondent to submit a Statement of Costs within five days.
3. The Defendant filed a Statement of Costs dated 2 March 2026, claiming a total sum of USD 17,600, comprising professional fees incurred in responding to the Claimant’s PTA Application and related stay application.
4. In assessing those costs, I have had regard to RDC 38.7, 38.8 and 38.23, and to the requirement that costs allowed on the standard basis be both reasonable and proportionate.
5. While the Defendant was the successful party in the PTA Application, I consider it appropriate, in the exercise of my discretion, to allow recovery of 80% of the total costs claimed, reflecting the nature of the application and the need to ensure proportionality in the costs awarded.
6. The Claimant shall therefore pay the Defendant the sum of USD 14,080, as set out in the Order above.