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Introduction Unlike in some other jurisdictions, English law does not imply a general duty of good faith into contracts. This is to avoid uncertainty and preserve parties’ freedom to pursue their own commercial interests (within their contractual framework). However, as discussed in a 2023 High Court judgment, a duty of good faith may be implied into “relational” contracts in certain circumstances.
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In a recent decision, the DIFC Court of Appeal has handed down a judgment that has the potential to alter the enforcement landscape in the UAE significantly. The DIFC Court of Appeal has ruled that parties may enforce foreign judgments in the DIFC Courts (even in circumstances where the judgment debtor has no presence or assets in, or connection with, the DIFC), and may then take the resulting DIFC Court judgment to the Dubai Courts for enforcement.
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