A Russian oligarch's claim for $115 million in damages against his former wife, after a superyacht was impounded in Dubai as part of a costly divorce battle, has been dismissed by the emirate's highest court.
The 115-metre MV Luna has been held in Dubai since February 2018 while lawyers for oil and gas tycoon Farkhad Akhmedov fought a UK court order that transferred it to his former wife, Tatiana Akhmedova.
Mr Akhmedov and Straight Establishment - the current registered owner of the $450m vessel - initially brought the case against Ms Akhmedova in January 2020.
The Dubai Court of Cassation rejected claims the arrest had been unlawful and that there was no grounds for further claims for alleged damages.
Mr Akhmedov had hoped to recover "loss of opportunity and moral damages" on the basis that MV Luna could have been chartered out for the duration of its arrest.
The claim for lost hire fees ran contrary to Straight Establishment’s previous declarations that the vessel was not a commercial yacht and could not be used for financial gain, said Ms Akhmedova's legal team.
“This is the latest in a string of vexatious claims by Mr Akhmedov that have been thrown out by courts in Dubai,” said Alessandro Tricoli of Fichte & Co, representing Ms Akhmedova.
"The decision in Dubai is a major blow to Mr Akhmedov's attempts to evade the UK court judgment against him, and his efforts to reclaim the Luna from Ms Akhmedova appear increasingly bleak."
New York-based financiers, Burford Capital, provided Ms Akhmedova with funding for her legal case in exchange for a share of up to 30 per cent of any recovery from the $586m divorce case.
The Dubai court ordered Mr Akhmedov to pay expenses and costs to Ms Akhmedova.
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The court decision is binding and cannot be subject to further appeal.
The future of the yacht, however, remains uncertain after years of legal deadlock.
A spokesman for Mr Akhmedov told The National the decision was "irrelevant" as a previous ruling had ensured his ex-wife could not remove the luxury vessel from Dubai.
"These damages claims were filed by Mr Akhmedov and the trust which owns the yacht as a back-up to the main legal action in Dubai," the spokesman said.
"This was to prevent Tatiana and her backers, Burford Capital, taking ownership of Luna. This action was successfully concluded in August when the Court of Cassation ruled in favour of Mr Akhmedov, thus ensuring the yacht could never be seized from Dubai by his ex-wife.
"At that point the damages claim became irrelevant. Burford and Tatiana have not gained a penny from the rejection of damages claims. It is a pyrrhic victory."
The yacht remains moored in Port Rashid, subject to injunctions obtained in the Marshall Islands and England by Ms Akhmedova, which prevent the transfer of ownership of the vessel or its removal from Dubai.
Proceedings to determine the rightful ownership of the yacht are ongoing in the Marshall Islands.
The yacht, which has 50 crew and two helipads, was impounded in Dubai and put into dry dock more than two years ago for the duration of the ongoing litigation after London’s High Court ordered Mr Akhmedov to pay 40 per cent of his $1.4 billion fortune to her.
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1. Domestic VAT refund amendments: request your refund within five years
If a business does not apply for the refund on time, they lose their credit.
2. E-invoicing in the UAE
Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption.
3. More tax audits
Tax authorities are increasingly using data already available across multiple filings to identify audit risks.
4. More beneficial VAT and excise tax penalty regime
Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.
5. Greater emphasis on statutory audit
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6. Further transfer pricing enforcement
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7. Limited time periods for audits
Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion.
8. Pillar 2 implementation
Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.
9. Reduced compliance obligations for imported goods and services
Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations.
10. Substance and CbC reporting focus
Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity.
Contributed by Thomas Vanhee and Hend Rashwan, Aurifer
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