Emirates NBD Bank Bank PJSC v Almakhawi and Ors [2025] DIFC CFI 039

In the first judgment to consider the significance of changes made to jurisdictional gateways under the Courts Law 2025, the DIFC Court of First Instance (H.E. Justice Michael Black) has reaffirmed the broad scope of the DIFC Court’s jurisdiction.

The Defendants argued that the definition of “Licensed DIFC Establishment” was narrower under recently enacted Courts Law as a result of the inclusion of “Financial Services” as a defined term. The Court emphatically rejected that argument and concluded that the Court of Appeal’s judgment in Larmag Holdings v First Abu Dhabi Bank remains good law. It found that the DIFC courts had exclusive jurisdiction over the claim notwithstanding that all parties were located outside of the DIFC, all alleged events took place outside of the DIFC and the claim was governed by UAE law.

The Court also granted a worldwide freezing order against all four defendants in respect of a sum over $100 million.

James Weale KC and Gregor Hogan (instructed by James Fox and Tarik Sharif of DWF) acted for the successful claimant.

To read the full judgment, please click here .