Landmark Victory for Meysan client as DIFC Court of Appeal Upholds USD 1.6 Billion ICC Award in long running Iraq Telecom proceedings

In a landmark judgment issued last week, the DIFC Court of Appeal has upheld a USD 1.6 billion ICC arbitration award in favour of Meysan client Iraq Telecom Ltd, bringing to an end the largest set-aside application in the history of the DIFC Courts. The ruling confirms that the award is final, binding, and no longer subject to challenge in the DIFC or elsewhere. The case, Korek Telecom Company LLC & Others v Iraq Telecom Ltd & Another [2024] DIFC CA 016 – DIFC Courts – involved complex issues of public international law and enforcement, sovereign conduct and the enforceability of international arbitration awards in this context. Notably, for the first time the DIFC Court confirmed that the foreign act of state doctrine forms part of DIFC law, while making clear that it does not preclude the recognition or enforcement of arbitral awards in the absence of a direct challenge to the sovereign acts themselves. This judgment represents one of the most significant enforcement rulings in the region in recent years and reinforces the DIFC’s position as a pro-arbitration- jurisdiction, willing to uphold high-value international awards—even in politically sensitive or sovereign contexts. Iraq Telecom Ltd was represented by a cross-border team from Meysan, working alongside Akin Gump Strauss Hauer & Feld LLP (Graham Lovett and Michael Stewart), Jones Day (Jean Pierre Harb and Ileana Smeureanu) and White & Case LLP (John Willems and Noor Davies). The Meysan team included partners Bader El-Jeaan (Kuwait/Dubai) and John Reynolds (London), and senior associate Oliver Green (London). Barristers Tom Montagu-Smith KC and Miriam Schmelzer of 3 Verulam Buildings (3VB) appeared as counsel. A note on the judgment prepared by Tom Montagu-Smith and Miriam Schmelzer of 3VB is available here: DIFC Court of Appeal confirms that Act of State Doctrine forms part of DIFC law

The ruling adds to Meysan’s growing track record of success in complex, politically sensitive disputes. With a leading regional disputes practice and deep experience in international arbitration and sovereign litigation, Meysan continues to be counsel of choice for clients navigating high-value, multi-jurisdictional proceedings. Commenting on the decision, John Reynolds, London partner and Head of International Disputes at Meysan, said: “This is a landmark decision — not just for our client, but for the DIFC jurisdiction as well. It affirms the DIFC Courts’ commitment to upholding international arbitration awards and offers real certainty for investors and commercial parties operating in complex environments. We are proud to have led our client through one of the most significant enforcement proceedings in the Court’s history.”

Meysan’s London office, where both John Reynolds and Oliver Green are based, plays a central role in the firm’s international disputes practice. From London, Meysan advises clients on high-value commercial litigation, sovereign-related matters, and cross-border arbitral enforcement, including in respect of disputes before the DIFC Courts, bridging deep regional knowledge and international disputes expertise.