The arbitration team at Mahmood Hussain Law Firm (MHLF) has secured a major win for their client in a recent case before the Dubai International Arbitration Centre (DIAC). The case involved a renowned contractor for roads, infrastructure, and landscaping works who was seeking payment for unpaid dues, extension of time claims, prolongation claims, and variations.
The MHLF team successfully argued for a Security for Claims Application, which is a rare and extreme measure in arbitration proceedings in the UAE. This application was made on the basis that the counterparty was impecunious and would not be able to satisfy either an award or an adverse cost order if the claimant was successful.
Despite the high evidential burden of proof, the MHLF team was able to secure Security for Claims to the value of AED 12.1 million, along with interest, while the arbitration is ongoing.
This case sets an important precedent for future arbitration cases in the UAE, demonstrating that Security for Claims can be granted in appropriate circumstances to protect the interests of claimants.
This Application was headed by MHLF principal associate Zaid Ali along with associate Roaa Abou Assi.