Civil Law and UAE — Ultra-Short Injunction Rules

An injunction is a court order requiring a person to do something or refrain from doing something. In UAE practice, injunction-type relief can arise under mainland procedural law, arbitration law, property law and specialist regimes such as the DIFC Courts.

For the DIFC, RDC Part 25 expressly permits interim injunctions, preservation orders, delivery-up orders, freezing orders, disclosure orders and search orders. (DIFC Courts)

Core formula:
Urgency + Protectable Right + Risk of Harm + Jurisdiction + Proportionality → Interim Relief

1. Meaning

An injunction is preventive relief.

It attempts to preserve the position until the court can finally determine the dispute.

Example:
A threatens to transfer disputed property → court may restrain the transfer pending determination.

2. Interim Injunction

An interim injunction operates temporarily.

Its purpose is generally:

Prevent harm now → Decide rights later.

It is not necessarily a final determination of the underlying dispute.

3. Mandatory Injunction

A mandatory injunction requires a party to take positive action.

Examples:

return property;

deliver documents;

restore access;

perform a specified act.

4. Prohibitory Injunction

A prohibitory injunction prevents conduct.

Examples:

do not sell property;

do not disclose confidential information;

do not transfer assets;

do not interfere with contractual rights.

5. Freezing Injunction

A freezing order prevents a respondent from dealing with assets so that they remain available to satisfy a future judgment.

DIFC Part 25 expressly allows freezing orders over assets in the DIFC and, where appropriate, assets outside it. (DIFC Courts)

6. Worldwide Freezing Order

A worldwide freezing order can restrain dealings with assets located both inside and outside the jurisdiction, subject to the court's jurisdiction and applicable requirements.

The DIFC's standard form expressly provides for both DIFC-limited and worldwide forms. (DIFC Courts)

7. Proprietary Injunction

A proprietary injunction protects property or assets claimed to belong beneficially/proprietarily to the applicant.

The modern DIFC jurisprudence recognises the availability of proprietary injunctions under RDC Part 25. (DIFC Courts)

8. Preservation Order

The court can order preservation of relevant property.

Purpose:

Prevent destruction → Preserve evidence/property → Protect eventual judgment.

DIFC Part 25 expressly includes detention, custody and preservation of relevant property. (DIFC Courts)

9. Disclosure Order

A court may require information concerning:

location of assets;

relevant property;

documents;

information necessary to give effect to an injunction.

DIFC Part 25 specifically provides for asset-information orders associated with freezing relief. (DIFC Courts)

10. Search Order

A search order is an exceptional preservation mechanism allowing access to premises to preserve evidence.

It is expressly recognised in DIFC Part 25. (DIFC Courts)

11. Urgency

Injunction applications are particularly relevant where waiting for a final judgment could make the eventual remedy ineffective.

Risk of immediate harm → urgent application → interim protection.

12. Without-Notice Injunction

In exceptional circumstances, an injunction can be sought without first notifying the respondent.

DIFC Part 25 permits this where there are good reasons for not giving notice. The applicant must explain why notice was not given. (DIFC Courts)

13. Full and Frank Disclosure

An applicant seeking exceptional without-notice relief must present the material facts fairly, including matters that may assist the respondent.

Without notice → greater disclosure responsibility.

Failure can result in variation or discharge of the order.

14. Good Arguable Case

For a DIFC freezing injunction, current authority identifies a good arguable case as an important threshold.

In Techteryx Ltd v Aria Commodities DMCC & Others, the court explained that the merits threshold is more than a case that is barely arguable, but does not require the judge to conclude that the applicant has a greater-than-50% chance of success. (DIFC Courts)

15. Real Risk of Dissipation

For a freezing order, the applicant generally needs to establish a real risk that assets will be dissipated so that a future judgment cannot effectively be satisfied.

The DIFC Courts' recent authorities identify:

good arguable case;

assets capable of enforcement;

real risk of dissipation; and

justice/convenience.

(DIFC Courts)

16. Just and Convenient

The court considers whether granting the order is appropriate in all circumstances.

Therefore:

Legal threshold + practical circumstances + proportionality

must be considered.

17. Undertaking as to Damages

An applicant seeking interim relief may be required to provide an undertaking concerning compensation if the injunction is later found to have been wrongly granted.

Purpose: protect the respondent from unjustified interim restraint.

18. Balance / Proportionality

The court should avoid granting an injunction that imposes disproportionate restrictions compared with the harm being prevented.

The precise test differs according to the type of injunction and applicable jurisdiction.

19. Contractual Injunction

Injunctions may protect contractual rights.

Examples:

restraining termination;

preventing disposal of contractual property;

protecting confidentiality;

preventing violation of exclusivity.

20. Arbitration-Support Injunction

Courts may grant interim relief in support of arbitration where the relevant statutory jurisdiction exists.

This can include:

asset preservation;

freezing orders;

evidence preservation;

other precautionary measures.

21. Foreign Proceedings

The DIFC Courts can, within their jurisdiction, grant interim measures supporting proceedings outside the DIFC.

The 2025 DIFC Courts Law expressly addresses applications for interim or precautionary measures connected with proceedings brought outside the DIFC. (DIFC Courts)

22. Foreign Judgment Protection

Interim relief can sometimes protect assets before a foreign judgment becomes enforceable in the UAE/DIFC.

The DIFC Court of Appeal has recognised that interim measures can prevent its future judgment-recognition and enforcement jurisdiction from being defeated by asset dissipation. (DIFC Courts)

23. Contempt

Disobedience of an injunction can have serious consequences.

The DIFC standard freezing order contains a penal notice warning that disobedience may lead to contempt consequences, including imprisonment, fines or seizure of assets. (DIFC Courts)

24. Variation

A respondent can seek:

variation;

discharge;

clarification;

reduction of scope;

modification of terms.

A without-notice order normally receives a subsequent inter partes review.

25. Duration

An interim injunction normally lasts:

Until a specified date + return hearing + further order + final determination, depending on the order.

It is not automatically permanent.

At Least 6 Important Case Laws

1. Bocimar International N.V. v Emirates Trading Agency LLC — DIFC CFI 008/2015

A major DIFC authority concerning freezing relief.

Principle: DIFC Part 25 provides extensive interim-remedy powers, including freezing orders and asset-information orders; such relief can be granted at appropriate stages of proceedings. (DIFC Courts)

2. Carmon Reestrutura-Engenharia e Serviços Técnicos Especiais (SU) LDA v Antonio Joao Catete Lopes Cuenda — DIFC CA 003/2024

Important for the DIFC Courts' jurisdiction to grant interim relief supporting foreign proceedings.

Principle: Interim measures may be used to prevent the court's substantive or enforcement jurisdiction from being frustrated. The principle was subsequently relied upon in Trafigura. (DIFC Courts)

3. Techteryx Ltd v Aria Commodities DMCC & Others — DIFC DEC 001/2025

A significant modern authority involving both a proprietary injunction and freezing order.

Principle: The applicant must establish the appropriate merits threshold; for freezing relief, the court considers the risk of dissipation and whether granting the order is just and convenient. (DIFC Courts)

4. Neville v Nigel — DIFC ARB 006/2024

The applicant sought urgent freezing and asset-disclosure relief in support of prospective DIAC arbitration. An ex parte injunction was initially granted and subsequently considered at an inter partes hearing. (DIFC Courts)

Principle: DIFC interim relief can support arbitral proceedings, including proceedings administered outside the DIFC framework where jurisdictional requirements are satisfied.

5. Trafigura Pte Ltd & Trafigura India Pvt Ltd v Prateek Gupta & Ginni Gupta — DIFC CA 001/2025

The DIFC Court of Appeal considered jurisdiction for a freezing order and disclosure relief supporting foreign proceedings.

Principle: The DIFC Courts can use interim measures to prevent future recognition/enforcement jurisdiction from being frustrated by asset dissipation. (DIFC Courts)

6. Nadil & Noshaba v Nameer & Naseema — DIFC CA

The case concerned a freezing and disclosure order sought in support of foreign proceedings and the requirements for a without-notice application.

Principle: Where an application is made without notice, the applicant must provide reasons for withholding notice and comply with the applicable procedural safeguards. (DIFC Courts)

7. Byju's Alpha Inc v Byju Raveendran & Divya Gokulnath — DIFC CFI 050/2025

The DIFC Court granted an interim freezing order and information-related relief following an ex parte application and subsequently dealt with continuation of the injunction.

Principle: Freezing relief can be granted urgently and then reviewed/continued through subsequent procedural stages. (DIFC Courts)

8. Orabelle v Orzenia — DIFC ARB 007/2026

The applicant sought a worldwide freezing order and asset-disclosure order in support of a Paris-seated arbitration.

The application was dismissed because the court was not satisfied that the necessary jurisdictional and freezing-order requirements were met.

Principle: Urgency alone does not establish jurisdiction or entitlement to interim relief. (DIFC Courts)

Ultra-Short Revision Table

10-Second Exam Formula

INJUNCTION = JURISDICTION + PROTECTABLE INTEREST + SUFFICIENT MERITS + URGENCY/RISK + PROPORTIONALITY + PROCEDURAL FAIRNESS

Final Memory Line

“An injunction preserves the effectiveness of justice: it prevents conduct, protects assets or evidence, and maintains the position until the court can finally determine the parties' rights.”