The Commercial Court has today published its recent judgments: (1) dismissing a law firm’s anti-suit injunction application against a current partner based in their Dubai office who had commenced proceedings against the firm in the Dubai Labour Court in accordance with the local law governing their relationship; and (2) rejecting the firm’s attempt to restrain publication of the judgment.
Anti-Suit Injunction Application
Mr Jalan is a senior corporate lawyer, a ‘Partner’ employed by the Middle East Regional Office in Dubai of Clyde & Co LLP ("Clyde"), for over 20 years. In 2006, he was promoted to the position of Senior Overseas Manager, which Clyde maintains is the equivalent of a Senior Equity Partner/Member of Clyde.
Mr Jalan entered into a suite of contracts with Clyde, which governed his employment relationship. These included, among other things, (i) a contract setting out the terms of his employment, which was governed by UAE law but included a London-seated arbitration clause (the "Arbitration Clause"); and (ii) a contract, filed with the UAE Ministry of Human Resources and Emiratisation ("MOHRE"), which provided that the parties agreed to abide by UAE labour law and that any condition of Mr Jalan's employment which violated the UAE law was null and void (the "MOHRE Contract"). The parties continued to enter into subsequent MOHRE Contracts across the course of Mr Jalan's 20 year plus employment relationship with Clyde.
As a matter of UAE law all employment...
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