Latest articles
UNIPER ENERGY DMCC v BANQUE DE COMMERCE ET DE PLACEMENTS SA [2021] DIFC CFI 009/2021 — Consent order discharging prior judicial mandate (16 August 2021)
The litigation involved Uniper Energy DMCC, a major energy trading entity, and Banque de Commerce et de Placements SA, a Swiss-based banking institution. The consolidation of claims under CFI 009/2021 and CFI 015/2021 suggests a complex commercial disagreement, likely centered on trade finance,…
UNIPER ENERGY DMCC v BANQUE DE COMMERCE ET DE PLACEMENTS SA [2021] DIFC CFI 009/2021 — Consent order staying proceedings (17 June 2021)
The litigation involved two consolidated claims, CFI 009/2021 and CFI 015/2021, brought by Uniper Energy DMCC against Banque de Commerce et de Placements SA. While the underlying merits of the commercial dispute remain shielded by a confidential settlement agreement, the court record indicates that…
ALI MOUSA & SONS ALUMNIMIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2021] DIFC CFI 009 — Consent order for expert evidence timeline extension (12 December 2021)
The litigation involves a construction-related claim brought by Ali Mousa & Sons Aluminium Industries against Sun Engineering & Contracting. The case has been characterized by significant procedural activity, including multiple attempts to secure and subsequently set aside default judgments.
ALI MOUSA & SONS ALUMINIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2021] DIFC CFI 009 — Consent order for expert evidence timeline (26 October 2021)
The litigation between Ali Mousa & Sons Aluminium Industries and Sun Engineering & Contracting LLC concerns a complex construction dispute that has seen multiple procedural iterations, including previous efforts to secure and set aside default judgments.
ALI MOUSA & SONS ALUMINIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2021] DIFC CFI 009 — Production of documents and Redfern Schedule disputes (06 July 2021)
This order addresses the procedural friction regarding document disclosure in a construction dispute, resulting in a partial denial of the Claimant’s production requests.
ALI MOUSA & SONS ALUMINIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2021] DIFC CFI 009 — Case Management Order (06 June 2021)
The litigation concerns a commercial construction dispute between Ali Mousa & Sons Aluminium Industries (the Claimant) and Sun Engineering & Contracting LLC (the Defendant). The matter has been ongoing since early 2020, involving complex issues surrounding construction performance, delays, and…
ALI MOUSA & SONS ALUMINIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2020] DIFC CFI 009 — Separation of construction claims (15 November 2020)
The dispute centers on two distinct construction projects for which the Claimant, Ali Mousa & Sons Aluminium Industries, sought recovery of outstanding payments from the Defendant, Sun Engineering & Contracting.
ALI MOUSA & SONS ALUMINIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2020] DIFC CFI 009 — Setting aside default judgment and procedural reset (18 May 2020)
The dispute between Ali Mousa & Sons Aluminium Industries and Sun Engineering & Contracting originated from a claim filed in the DIFC Court of First Instance. Following the initial proceedings, a default judgment was entered against the Defendant on 17 March 2020 by Judicial Officer Nassir Al…
Five Real Estate Development v Reem Emirates Aluminium [2023] DIFC TCD 009: The High Cost of Procedural Overreach in Construction Disputes
How the Technology and Construction Division is hardening its stance against flawed delay analysis and procedural brinkmanship.
ALI MOUSA & SONS ALUMINIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2020] DIFC CFI 009 — Setting aside default judgment for procedural compliance (17 May 2020)
The dispute originated from a construction-related claim filed by Ali Mousa & Sons Aluminium Industries against Sun Engineering & Contracting LLC. Following the initiation of proceedings, a default judgment was issued by Judicial Officer Nassir Al Nasser on 17 March 2020.
ALI MOUSA & SONS ALUMINIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2020] DIFC CFI 009 — Default judgment for construction debt and return of guarantee cheques (15 March 2020)
The dispute arose from two distinct construction and engineering project agreements entered into by the parties. Ali Mousa & Sons Aluminium Industries sought recovery of substantial outstanding payments linked to these agreements, specifically AED 2,802,250 related to a project dated 7 May 2015…
ALI MOUSA & SONS ALUMINIUM INDUSTRIES v SUN ENGINEERING & CONTRACTING [2020] DIFC CFI 009 — Judicial Officer denial of default judgment (27 February 2020)
A procedural examination of the strict adherence to service timelines and the limitations of default judgment applications under the Rules of the DIFC Courts.
FANTINI MOSAICI S.R.L v BULLDOZER INVESTMENTS [2020] DIFC CFI 009 — Consent order for stay of proceedings (06 February 2020)
The litigation initiated under Claim No. CFI 009/2019 involved a commercial dispute between the Claimant, Fantini Mosaici S.R.L (Abu Dhabi Branch), and the Defendant, Bulldozer Investments Ltd.
PATRICK JOHN OBENARIO v GRAMERCY SPORTS BAR & CLUB [2019] DIFC CFI 009 — Liquidation enforcement via Dubai Courts (10 February 2019)
This order clarifies the procedural pathway for DIFC-appointed liquidators to execute recovery actions against assets held within the jurisdiction of the Dubai Courts.
PATRICK JOHN OBENARIO v GRAMERCY SPORTS BAR & CLUB [2018] DIFC CFI 009 — Distribution of auction proceeds in hospitality liquidation (17 September 2018)
The lawsuit concerns the insolvency and subsequent liquidation of Gramercy Sports Bar & Club, a hospitality entity operating within the DIFC jurisdiction. Following the appointment of a liquidator, the Court authorized the sale of the Defendant’s assets to satisfy outstanding liabilities.
Patrick John Obenario v Gramercy Sports Bar & Club [2018] DIFC CFI 009 — Liquidation asset disposal protocol (12 August 2018)
The dispute concerns the insolvency proceedings of Gramercy Sports Bar & Club, which had previously been ordered to wind up by H.E. Justice Shamlan Al Sawalehi on 13 March 2018. Following the appointment of Mr.
SALAM ADVOCATES AND LEGAL CONSULTANTS v KELE CONTRACTING [2018] DIFC CFI 009 — Immediate judgment for unpaid professional fees (22 January 2018)
The DIFC Court of First Instance grants immediate judgment in a fee dispute, underscoring the necessity for defendants to substantiate their pleadings with evidence to avoid summary disposal.
SALAM ADVOCATES AND LEGAL CONSULTANTS v KELE CONTRACTING [2017] DIFC CFI 009 — Procedural order regarding withdrawal of legal representation (12 September 2017)
The underlying litigation, registered as CFI 009/2017, involves a claim brought by Salam Advocates and Legal Consultants against Kele Contracting. While the substantive merits of the claim remain distinct from the procedural application, the case highlights the ongoing professional relationship…
SALAM ADVOCATES AND LEGAL CONSULTANTS v KELE CONTRACTING [2017] DIFC CFI 009 — Procedural framework for complex construction litigation (29 June 2017)
The litigation involves a dispute between Salam Advocates and Legal Consultants and Kele Contracting, necessitating a structured approach to the amendment of pleadings under RDC Part 18.
VEGIE BAR LLC v EMIRATES NATIONAL BANK OF DUBAI PROPERTIES [2020] DIFC CFI 009 — Permission to appeal and stay of execution (02 January 2020)
The litigation between Vegie Bar LLC and Emirates National Bank of Dubai Properties (ENBD Properties) has been a protracted matter within the DIFC Court of First Instance, involving complex issues of property management, contractual obligations, and procedural enforcement.
VEGIE BAR v EMIRATES NATIONAL BANK OF DUBAI PROPERTIES [2019] DIFC CFI 009 — Permission to appeal and stay of execution (31 December 2019)
The DIFC Court of First Instance grants leave to appeal a prior order, effectively halting enforcement proceedings pending a higher court review.
VEGIE BAR v EMIRATES NATIONAL BANK OF DUBAI PROPERTIES [2019] DIFC CFI 009 — Procedural extension of time for response (10 February 2019)
This order addresses a procedural dispute regarding the timeline for the First Defendant to file a response to the Claimant’s Application Notice, following a prior denial of an extension request.
VEGIE BAR v EMIRATES NATIONAL BANK OF DUBAI PROPERTIES [2019] DIFC CFI 009 — Procedural rejection of extension of time (03 February 2019)
The dispute centers on a procedural application filed by the First Defendant, Emirates National Bank of Dubai Properties PJSC, seeking an extension of time to respond to an Application Notice (CFI-009-2016/6) previously filed by the Claimant, Vegie Bar LLC.
VEGIE BAR v EMIRATES NATIONAL BANK OF DUBAI PROPERTIES [2017] DIFC CFI 009 — Procedural management of evidence and stay applications (03 January 2017)
The dispute centers on the procedural management of a case involving Vegie Bar LLC and Emirates National Bank of Dubai Properties PJSC. Following earlier judicial determinations, the parties found themselves at a crossroads regarding the admissibility of evidence for an upcoming appeal and the…