DIFC Court of Appeal Tomlin Orders Ruling
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Khaitan & Co successfully represented Miloslav Makovini and Pharm Trade Holding Ltd before the DIFC Court of Appeal in Kapova v Makovini . The Court dismissed the appeal and clarified that the DIFC Courts may enforce a settlement within stayed proceedings even where the consent order does not strictly follow the conventional Tomlin form.

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An arbitration agreement is in the nature of an exclusive jurisdiction agreement excluding court proceedings except to the extent permissible under the applicable law.