I doubt it will go anywhere if the case is to be presented in Dubai ( why would another country want to listen to it ?)
1. Its unfair but no breach of contract.
2. Very hard to get Dubai legal firms to go up against EK, because they are either already working for them already or trying to get EK business.
3. If they were to win EK will ensure they fail their upgrades.
Better option but just as unlikely ( but avoids point 3 ), would be to campaign for bypass pay. Use the family airline argument ect.ect.
Goodluck