In a landmark ruling issued on 3 July 2025, the Dubai Court of Cassation has recognised the exclusive jurisdiction of arbitral tribunals seated in the UAE to issue interim antisuit injunctions and held that such orders do not fall within the jurisdiction of UAE courts who do not have jurisdiction to set aside interim measures issued by arbitral tribunals. The Court of Cassation held that the issuance of interim measures falls within the powers of the arbitral tribunal who is considering the substantive dispute.

Background of the Case

In an ICC arbitration seated in the UAE, an arbitral tribunal issued an interim antisuit injunction that prohibited the claimant from commencing court proceedings related to matters governed by a memorandum of understanding, which was the subject of the arbitration proceedings. The arbitral tribunal explicitly ordered the claimant not to commence any court proceedings until the arbitral proceedings conclude, and a final award is rendered.

The claimant challenged the order issued by the arbitrate tribunal before the Dubai Court of Appeal arguing that the anti-suit injunction was unlawful and unenforceable. According to the claimant, the order violated fundamental constitutional rights, statutory provisions, and public policy principles by effectively denying the claimant access to the UAE onshore courts. The Court of Appeal accepted jurisdiction over the matter and set aside the arbitral tribunal’s interim order, concluding that the arbitral tribunal’s order exceeded its authority and violated the claimant’s right to seek judicial protection from the onshore courts.

The judgment of the Court of Cassation

The matter was brought to the Dubai Court of Cassation, which resolved the question of whether an arbitral tribunal can issue an interim antisuit injunction and whether such measure can be reviewed by the UAE courts. The Court of Cassation held that, under UAE law, arbitral tribunals are fully empowered to issue interim and precautionary measures in connection with the disputes submitted to them. According to the Court of Cassation, such measures, including anti-suit injunctions, are intrinsic to the arbitral tribunal’s jurisdiction to conduct the arbitration proceedings and to preserve the rights of the parties pending the issuance of a final award.

Importantly, the Court of Cassation held that the power to amend, suspend, or revoke interim measures lies exclusively with the arbitral tribunal that issued such measure. The Court of Cassation further ruled that no judicial authority, including the Court of Appeal, has authority to review, or annul interim orders issued by an arbitral tribunal while arbitration proceedings remain ongoing. 

The Cassation Court stressed that the exclusive jurisdiction of arbitral tribunals to issue interim measures in connection with the matters they are considering is a fundamental feature of the arbitration process, designed to ensure procedural efficiency and respect the choice of the parties to resort to arbitration.

Conclusion

By overturning the Court of Appeal’s judgment and dismissing the claimant’s application for lack of jurisdiction, the Court of Cassation ensured that the arbitration proceedings’ integrity is protected and sent a strong message that interim orders made by arbitral tribunals are beyond the control of UAE courts.

The Dubai Court of Cassation’s judgment marks an important milestone in the UAE’s arbitration landscape, recognising the exclusive jurisdiction of arbitral tribunals to issue interim measures such as anti-suit injunctions and that such measures cannot be reviewed or set aside by UAE courts while arbitration proceedings are ongoing.

The judgment of the Court of Cassation strengthens the position of arbitral tribunals with respect to arbitrations seated in the UAE and gives comfort to the parties that, if they agreed to refer their dispute to arbitration, the UAE courts will have limited control over the dispute .

Ultimately, the judgment confirms that the UAE is an arbitration-friendly jurisdiction and comforts investors that arbitration proceedings seated in the UAE will be protected from judicial interference, before a final award is issued.