DIFC: ARB 003/2026 Oliwia v Omysha

In Oliwia v Omysha, ARB 003/2026, the DIFC Court of First Instance held that a defective attempt to serve an arbitration claim form could be cured under RDC 4.51, allowing a major award-recognition claim to proceed despite non-compliance with the ordinary service rules.

The case concerns enforcement of a 16 December 2025 final arbitral award issued by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. The award held the respondent liable for approximately RUB 50.13 billion, or about USD 628 million. The claimant then commenced DIFC Court proceedings to recognise and enforce the award.

The claimant had also brought a related DIFC proceeding, ARB 050/2025, seeking a worldwide freezing order in support of anticipated enforcement. During that urgent relief phase, the Court directed the claimant to give the defendant’s lawyers immediate notice of the ARB 003/2026 recognition claim. The claimant then emailed the arbitration claim form and supporting documents to those lawyers and treated that step as service.

Justice Roger Stewart rejected that characterisation. The direction required notice, not service. There was no formal order for alternative service, no agreement to accept service by email, and no waiver by the defendant merely because its lawyers acknowledged receipt of the papers.

However, the Court still dispensed with service and treated the claim as served on 8 January 2026. The decisive facts were:

1. the two DIFC proceedings were closely connected,
2. the same lawyers acted for the defendant in both,
3. the defendant had actual knowledge and possession of the claim materials,
4. no prejudice was shown, and
5. requiring fresh service would only delay the enforcement case and increase costs.