Pinsent Masons successfully represents Axis Limited in major DIFC dispute

On 18 March, the DIFC Court of First Instance, led by H.E. Justice Mark Pelling, refused an application by David Lee Rapp and Prime Energy Markets FZCO to enforce non compete clauses against former employee Ahria Esphandiar Roushanbakhti. The claimants had sought to stop Mr Roushanbakhti from joining Axis Limited.

The Court found that the non compete in the shareholders’ agreement did not apply as Mr Roushanbakhti had never been a shareholder. Although there was a serious issue to be tried regarding the employment related non competes, the Court declined to grant an injunction. With only 12 days left in the restriction period, the claimants’ two month delay in filing meant interim relief was not justified. The Court also questioned whether the claimants could meet any damages if an injunction were wrongly granted.

Pinsent Masons played a central role in guiding the defence strategy that ultimately persuaded the DIFC Court to refuse the interim relief sought, ensuring clarity and certainty for the clients on critical issues of jurisdiction and enforceability. 

The Pinsent Masons team advising on the matter was led by Head of the Middle East Employment Practice Luke Tapp with Senior Associate Emma Noble, with support from Lujain Assaf, Lydia Redman, Amira Oltiveros, as well as Financial Regulation Partner Marie Chowdhry. 

Nathan Tynan, Director and Senior Executive Officer at Axis Limited said: “Pinsent Masons provided clear, pragmatic and highly responsive advice throughout this matter. From the outset, Luke and Emma cut through an application that we felt was over ambitious and disconnected from the underlying contractual reality. Their ability to act decisively under intense time pressure, while keeping a firm grip on strategy and proportionality, was instrumental in achieving the right outcome.”

Commenting on the judgment, Luke Tapp said: “This decision provides helpful clarity for employers operating in or recruiting into the DIFC. It highlights the importance of acting promptly when seeking injunctive relief and ensuring that restrictive covenants and related arrangements are carefully drafted, proportionate and capable of enforcement.”

The case is David Lee Rapp and Prime Energy Markets FZCO v Ahria Esphandiar Roushanbakhti and Axis Limited (CFI 017 2026). A written judgment is expected to follow.