This paper provides an in-depth analysis of the relief of freezing orders in the Dubai International Financial Centre (DIFC) Courts, covering both freestanding orders and those in aid of enforcement. The importance of freezing orders as a tool for enforcing awards and judgments cannot be overstated; they prevent recalcitrant respondents from disposing of assets to undermine a judgment creditor’s enforcement efforts. This paper examines the DIFC Courts’ approach for granting these orders. Additionally, over the years, the DIFC Courts had expanded their jurisdiction to issue freestanding worldwide freezing orders, although this broad jurisdiction has since been limited. This narrowing down of the DIFC Courts’ jurisdiction has raised concerns among practitioners, and is currently being reconsidered by the Court of Appeal.
This paper is the fourth of a seven-part series on DIFC litigation and global enforcement & recovery, in the run up to the Dubai Arbitration Week 2024. To find out more, please register for the panel discussion on the litigation framework in the DIFC and its implications for global enforcement and recovery strategies on 11 November 2024, the opening day of the Dubai Arbitration Week 2024.
Download the paper here: https://www.singularitylegal.com/expert-talk/obtaining-worldwide-freezing-orders-in-the-difc-freestanding-and-in-aid-of-enforcement
