Non-Compete Clauses in the DIFC Courts
Tessa-Jade Heise and Prof Arran Dowling-Hussey FCIArb, FHKICAdj examine the recent oral judgment in David Lee Rapp and Prime Energy Markets FZCO v Ahria Esphandiar Roushanbakhti and Axis Limited, CFI-017-2026.
The article considers useful guidance from the DIFC Courts on the enforcement of non-compete clauses, including the importance of:
Acting promptly when seeking interim relief
Ensuring restrictive covenants are well drafted and proportionate
Carefully considering the duration, geographical scope and industry context of restrictions
Weighing the practical, financial and reputational implications of enforcement
The authors also consider whether gardening leave may, in some circumstances, offer employers a more practical alternative.
Read the full article here.
