It remains to be seen whether a more draconian
contractual provision,
such as one which would expressly seek to effect a
waiver of more fundamental Art 6 rights, will be upheld in this manner.
The submission that the issues which arise here were matters for the Executive or Legislature under Article 120 of the UAE Constitution because they concerned foreign affairs and questions of public policy (ordre public) or a matter for the UAE Supreme Court if there was any serious issue / doubt under the Constitution as to the organ which should determine
such questions, falls away once it is seen that
waiver of immunity is a question to be determined by the judiciary as part of the
contractual and procedural law of the DIFC.