Matouk Bassiouny secures worldwide freezing order before the DIFC Courts

Matouk Bassiouny has successfully obtained a worldwide freezing order and an order for the disclosure of assets from the DIFC Court of First Instance in support of the enforcement of a judgment previously secured for its client.

The freezing order restrains the judgment debtor from dealing with assets up to AED 12.5 million worldwide and requires the disclosure, by affidavit, of all assets exceeding AED 50,000 in value, whether held in the debtor’s own name or otherwise, within seven working days.

The decision addresses a number of important principles concerning the availability and scope of freezing orders in support of judgment enforcement proceedings before the DIFC Courts.

In granting the relief, the Court considered the judgment debtor’s conduct and the findings of dishonesty made at trial, including his denial of having received the relevant funds, in determining whether there was a real risk of dissipation of assets. The decision also considered the extent to which a proposed undertaking by the judgment debtor could provide adequate protection to a judgment creditor, particularly where the creditor seeks both a court-imposed restraint and comprehensive disclosure of assets.

The Court further granted the order without requiring the judgment creditor to fortify its cross-undertaking in damages. The order extends to assets which the judgment debtor has the power, directly or indirectly, to dispose of or deal with as if they were his own, including assets held through third parties where the relevant conditions are met.

Importantly, the order also provides for the use of the disclosed information in connection with enforcement proceedings before the Dubai Courts pursuant to Article 32 of Dubai Law No. 2 of 2025, as well as enforcement of the order in jurisdictions outside the UAE where assets may be located.

The matter was led by Ahmed Tony, with Youssef Nassar, Alia Elraey and Ratania Edawi advising as part of the Matouk Bassiouny team. Sajid Suleman of Outer Temple Chambers acted as counsel at the hearing.

The decision highlights the DIFC Courts’ approach to the use of freezing and disclosure orders as tools supporting the effective enforcement of judgments, particularly in cases involving assets located across multiple jurisdictions.