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
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.

27 July 2026
Articles & Publications

Abu Dhabi Introduces Temporary Freeze on Rent Increases

On 3 June 2026, the Abu Dhabi Real Estate Centre (ADREC) announced a temporary freeze on rent increases across the Emirate.

27 July 2026
Our News

MOU: Salloum & Partners LLC partners with Abu Dhabi University to enhance legal education and student development

Salloum & Partners LLC has signed a Memorandum of Understanding with Abu Dhabi University to advance legal education and student development. The partnership offers internships, workshops, and collaborative events to bridge academic learning with real-world legal practice.

July 27, 2026
Articles & Publications

Abu Dhabi Court of Cassation Clarifies Personal Enforcement Under Article 322 of the Civil Procedure Law

July 27, 2026
In Media

Podcast: Un parcours entre droit et héritage familial – Ziad Salloum & Paul Darmas

In this episode of Maman m’a Dit, Managing Partner Ziad Salloum joins Paul Darmas for an engaging conversation about law, leadership, and legacy in the UAE. Blending personal reflection with professional insight, the discussion explores how family values and cultural roots shape one’s journey through the legal world.

July 27, 2026
Our News

MOU: Salloum & Partners LLC partners with Abu Dhabi University to enhance legal education and student development

Salloum & Partners LLC has signed a Memorandum of Understanding with Abu Dhabi University to advance legal education and student development. The partnership offers internships, workshops, and collaborative events to bridge academic learning with real-world legal practice.