Sajid Suleman successful in landmark DIFC Court of Appeal anti-suit injunction case

Sajid Suleman appeared in the DIFC Court of Appeal for the successful Appellants in the landmark anti-suit injunction dispute in Nashrah v Najem (1) and Nex (2) – ARB 005/2025.

The case involved a complex jurisdictional dispute concerning an anti-suit injunction granted by the DIFC Court of First Instance, which halted proceedings in the English High Court. The English proceedings included an expedited application for a stay under section 9 of the Arbitration Act 1996, and a hearing for an anti-arbitration injunction – scheduled to take place the day after the DIFC anti-suit injunction was obtained. The Respondent also commenced arbitration proceedings in the DIAC.

The contract at the heart of the dispute, signed after Dubai Decree No. 34 of 2021 came into force, included a DIFC-LCIA arbitration clause. The contract did not specify a governing law, and the parties disagreed as to whether the reference to the seat as “Dubai, United Arab Emirates” referred to onshore Dubai or the DIFC.

The key issue on appeal was whether the DIFC Courts had jurisdiction to grant an anti-suit injunction where the DIFC was not the seat and there was no other nexus to the DIFC. Other grounds of appeal included the approach to inconsistencies between an Order and the Reasons, whether security for undertaking should have been provided, and the enforceability of an arbitration clause involving a consumer under the DIFC Arbitration Law.

The Court of Appeal unanimously allowed the appeal, upheld the jurisdictional objection, and ordered the immediate discharge of the anti-suit injunction. The Reasons for the order are expected shortly.

Sajid Suleman of Outer Temple Chambers was led by Maria Mulla of Maitland Chambers. They were instructed by Dr. Mahmood Hussain and Nathan Balkie of M & Co Legal, Dubai, and Max Campbell and Kate Cross of Brett Wilson LLP.

Find out more

Sajid specialises in commercial litigation and international arbitration. He has expertise in banking and finance, civil fraud, company, construction, insolvency, insurance, partnership and shareholder disputes, and sanctions. He appears as counsel in the English courts at all levels, in LCIA, DIAC, and ICC arbitrations, and in the DIFC and ADGM Courts. Sajid has considerable experience in urgent interlocutory relief, including freezing injunctions, anti-suit injunctions, and Norwich Pharmacal Orders, often in the context of cross-border civil fraud claims. Sajid also has a busy company, shareholder and partnership disputes practice.

To find out more, contact Lexie Johnson on + 44 (0) 207 427 0801 for a confidential discussion.

News 24 Oct, 2025