04 July 2024
#Legal Update
#Cybersecurity
#Banking & Finance
#Dispute Resolution

Landmark Court Ruling in Cyber Fraud Case

Landmark Court Ruling in Cyber Fraud Case

Written by

Ziad Salloum, OSI, KSS, MCIArb

View on
Linkedin
or
on Global Law Experts

In a rare and very significant judicial development, the judicial review panel of the Commercial Chamber of the Abu Dhabi Court of Cassation overturned a final judgment in a major cyber fraud dispute involving cross-bank liability and ordered a retrial before a newly constituted chamber.

‍

The case, handled by our firm, Salloum & Partners LLC, on behalf of a corporate client, concerned unauthorized diversion of over 6 million dirhams through a sophisticated business email compromise scheme.

‍

The panel’s ruling marks a pivotal moment in the court’s approach to financial institution accountability.

Despite clear evidence of lapses by two major financial institutions, including violation of internal banking protocols and authorization procedures and failure to verify transfer authorizations, earlier rulings had limited liability to a small fraction of the losses and excluded one of the banks entirely.

‍

The panel found material legal error and inconsistency with settled principles on the duty of care owed by banks. It emphasized that both contractual and tortious liability may arise where there is negligence in protecting client funds.

The panel’s ruling was quickly followed by the judgment of the newly constituted chamber. The court found both banks jointly liable for the entirety of our client’s loss, plus costs and interest, due to the banks’ failure to meet their contractual and professional duties.

‍

Key Implications

‍

This ruling signals a strong message, reinforcing that:

‍

  • Banks are held to a stringent duty of care, reflecting their fiduciary responsibilities and regulatory obligations.
  • Customers are entitled to full compensation, including in cases of cyber fraud, where banks commit legal or procedural failings – even if some contributory fault may lie with the customer.
  • Such liability, even where onerous, is an inherent professional risk for banks – one which is justified by the benefits and privileges banks derive from maintaining public trust.

‍

The ruling not only reinforces the integrity of the UAE financial system, but also confirms the courts’ readiness to correct errors – even in final judgments – when justice demands it.

‍

This also stands as a validation of the legal position we maintained from the outset – despite significant opposition. We are especially grateful to our client for their trust, and for continuing even when seemingly all hope was lost.

In a rare and very significant judicial development, the judicial review panel of the Commercial Chamber of the Abu Dhabi Court of Cassation overturned a final judgment in a major cyber fraud dispute involving cross-bank liability and ordered a retrial before a newly constituted chamber.

‍

The case, handled by our firm, Salloum & Partners LLC, on behalf of a corporate client, concerned unauthorized diversion of over 6 million dirhams through a sophisticated business email compromise scheme.

‍

The panel’s ruling marks a pivotal moment in the court’s approach to financial institution accountability.

Despite clear evidence of lapses by two major financial institutions, including violation of internal banking protocols and authorization procedures and failure to verify transfer authorizations, earlier rulings had limited liability to a small fraction of the losses and excluded one of the banks entirely.

‍

The panel found material legal error and inconsistency with settled principles on the duty of care owed by banks. It emphasized that both contractual and tortious liability may arise where there is negligence in protecting client funds.

The panel’s ruling was quickly followed by the judgment of the newly constituted chamber. The court found both banks jointly liable for the entirety of our client’s loss, plus costs and interest, due to the banks’ failure to meet their contractual and professional duties.

‍

Key Implications

‍

This ruling signals a strong message, reinforcing that:

‍

  • Banks are held to a stringent duty of care, reflecting their fiduciary responsibilities and regulatory obligations.
  • Customers are entitled to full compensation, including in cases of cyber fraud, where banks commit legal or procedural failings – even if some contributory fault may lie with the customer.
  • Such liability, even where onerous, is an inherent professional risk for banks – one which is justified by the benefits and privileges banks derive from maintaining public trust.

‍

The ruling not only reinforces the integrity of the UAE financial system, but also confirms the courts’ readiness to correct errors – even in final judgments – when justice demands it.

‍

This also stands as a validation of the legal position we maintained from the outset – despite significant opposition. We are especially grateful to our client for their trust, and for continuing even when seemingly all hope was lost.

You may also like

27 July 2026
Articles & Publications

Landmark Court Ruling in Cyber Fraud Case

Salloum & Partners LLC successfully represented a corporate client in a landmark cyber fraud case before the Abu Dhabi Court of Cassation, which overturned a prior judgment and held two banks jointly liable — reinforcing accountability and strengthening trust in the UAE’s financial system.

27 July 2026
Articles & Publications

CampdenFB: Why Blocking Next-Gen Succession in the Gulf is a Zero-Sum Game (View from the Gulf)

In this article, Ziad Salloum discusses the challenges facing family business succession in the GCC, where over $1 trillion in assets may change hands in the coming decade. He highlights tensions between generations—ranging from differing values and leadership styles to limited inclusion of younger or female family members. Ziad emphasizes that early engagement, open communication, and shared purpose are key to ensuring continuity and renewed growth for family enterprises

27 July 2026
Articles & Publications

The COVID-19 Global Crisis - A Force Majeure Event Under UAE LAW?

This article was originally drafted and published in early 2020 by the International Lawyers Network (ILN). It formed part of a coordinated series of contributions by ILN member firms examining, from a legal perspective, whether the COVID-19 (coronavirus) crisis could constitute a force majeure event in their respective jurisdictions. You can see the original paper here.

July 27, 2026
Our News

The National: Father and Son Abu Dhabi Lawyers Receive Vatican Knighthood for Decades of ‘Enormous Help’

Father and son lawyers Samir and Ziad Salloum were knighted by the Vatican in recognition of their decades of service to the Catholic Church in the UAE. Honoured for their contributions to faith, community, and diplomacy, the ceremony highlighted both men’s legacy of dedication and the UAE’s enduring spirit of tolerance.

July 27, 2026
Articles & Publications

Escrow Services for Real Estate Transactions

An overview of how escrow works in UAE property transactions, the risks in the standard MOU and cheque custody structure, and how independent fund management protects all parties.

July 27, 2026
In Media

Sama Al Ain TV: Exclusive Interview with Mr. Ziad Salloum, Managing Partner of Salloum & Partners LLC

We are excited to share an exclusive interview with Mr. Ziad Salloum, the Managing Partner of Salloum & Partners LLC. In this interview, Mr. Salloum discusses key insights into the legal industry in the UAE, the firm's approach to client service, and his professional journey.