What Are Anti-Suit Injunctions? The DIFC Courts’ Approach

Written by Mohammad Anas, Junior Legal Professional

Legal Researcher at Nour Attorneys and Legal Consultants

This article forms part of the Hala Law Journal, a platform for short, accessible pieces written by students and early-career legal professionals with an interest in the UAE legal market.

The Journal features practical commentary on UAE legal frameworks, court decisions, commercial developments, and early-career experiences.

1. Introduction

   
   

An anti-suit injunction ("ASI") is a court order that prevents a party from starting or continuing legal proceedings in another jurisdiction relating to the same or a related dispute. Anti-suit injunctions are traditionally associated with common law jurisdictions. However, onshore UAE courts do not generally grant such relief, as doing so may conflict with principles of judicial sovereignty and the right of access to justice.

This distinction is particularly important in practice in the context of the DIFC Courts, which operate as a common law judicial system within Dubai.

2. DIFC Courts

   
   

The Dubai International Financial Centre (DIFC) Courts are specialised courts within the Emirate of Dubai, established under DIFC Law No. 10 of 2004. They operate as an independent common law judicial system. Where DIFC law is silent, the DIFC Courts may apply principles of English common law.

Unlike the onshore UAE courts, the DIFC Courts have recognised their power to grant anti-suit injunctions and, in certain circumstances, to recognise or enforce anti-suit injunctions issued by foreign courts.

One of the most common grounds for granting an ASI is where a party breaches an arbitration agreement or an exclusive jurisdiction clause by pursuing parallel court proceedings.

The DIFC Courts have also issued anti-suit injunctions restraining parties from proceeding with litigation before the onshore UAE courts where the DIFC Courts have exclusive jurisdiction over the dispute. A leading authority in this regard is Construction Group LLC v Elemec Electromechanical Contracting LLC (2020).

3. Procedure for Applying for an ASI

   
   

An application for an anti-suit injunction may be made under Part 25 of the Rules of the DIFC Courts (RDC), in the same manner as other applications for interim injunctive relief.

The application must include the draft order sought and supporting evidence. Under RDC 25.8, the applicant is generally required to serve notice of the application on the counterparty, unless the court is satisfied that there are compelling reasons to grant the injunction without notice.

4. Judicial Practice and Case Law

The DIFC Courts have, in several decisions, confirmed that an ASI may be granted where foreign proceedings undermine the agreed dispute resolution mechanism or amount to an abuse of process.

In exercising this discretion, the DIFC Courts apply key English common law principles, including:

1. Whether the DIFC is the natural forum for the dispute;

2. Whether the foreign proceedings are vexatious or oppressive (that is, unfairly burdensome or abusive); and

3. Whether granting the injunction would serve the interests of justice.

   
   

In CFI 045/2020 Emirates NBD Bank PJSC and others v KBBO CPG Investment LLC and others (2020), the DIFC Court of First Instance granted an anti-suit injunction restraining proceedings in the onshore Dubai Courts.

By the time the judgment was issued, the onshore courts had already declined jurisdiction on the basis that the DIFC Courts had exclusive jurisdiction over the dispute. The decision reaffirmed the DIFC Courts’ willingness to protect agreed jurisdiction clauses.

Similarly, in CFI 068/2024 Ivankovich v KJM Marine LLC and others (2024), the DIFC Court of First Instance issued an anti-suit injunction prohibiting proceedings before the onshore Dubai Courts pending the final determination of the DIFC proceedings.

The DIFC Courts’ approach to granting anti-suit injunctions is consistent with the legal maxim interest reipublicae ut sit finis litium, which reflects the principle that it is in the public interest for litigation to come to an end.

This objective, however, is carefully balanced against principles of comity and respect for jurisdictional boundaries.

5. Limitations and Enforcement

   
   

Although the DIFC Courts have the power to grant anti-suit injunctions as an interim remedy, such orders do not bind the onshore UAE courts.

In addition, the practical enforcement of DIFC-issued anti-suit injunctions outside the DIFC may face limitations, particularly where issues of UAE public policy arise.

6. Conclusion

   
   

Anti-suit injunctions occupy a distinctive position within the DIFC legal framework. They serve as an important procedural tool, particularly in commercial disputes and arbitration-related matters, to prevent parallel proceedings and the risk of inconsistent judgments.

While their effectiveness is subject to jurisdictional and enforcement constraints, ASIs remain a significant feature of the DIFC Courts’ common law jurisdiction.

For students and junior practitioners, anti-suit injunctions provide a useful illustration of how the DIFC Courts apply common law principles within the wider UAE legal system, particularly in cross-border disputes.

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Written by Mohammad Anas, a junior legal professional currently working as a legal researcher at Nour Attorneys and Legal Consultants.

The views expressed in this article are those of the author and do not necessarily reflect the views of Hala Law.