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SONIA GUETAT v MIRABAUD [2014] DIFC CFI 004 — Wasted costs and pleading deficiencies (24 September 2014)
The litigation between Ms. Sonia Guetat and Mirabaud (Middle East) Limited reached a critical juncture regarding the sufficiency of the Claimant's pleadings. Following an application to amend the Claim Form, the Court determined that the existing documentation failed to meet the required standards…
SONIA GUETAT v MIRABAUD MIDDLE EAST [2014] DIFC CFI 004 — procedural failure and wasted costs (07 August 2014)
The litigation concerns a dispute between the Claimant, Sonia Guetat, and the Defendant, Mirabaud (Middle East) Limited. The matter reached a critical juncture due to the Claimant’s inability to properly serve the Claim Form upon the Defendant.
SONIA GUETAT v MIRABAUD [2014] DIFC CFI 004 — Procedural failure in default judgment application (30 June 2014)
The request for default judgment was denied primarily due to the Claimant’s failure to adhere to the mandatory service requirements set out in the Rules of the DIFC Courts. Despite the Claimant filing a request for default judgment on 25 March 2014, the Court determined that the foundational steps…
DIWAN CAPITAL LTD v EMIRATES INVESTMENT & DEVELOPMENT CO [2016] DIFC CFI 004 — Immediate judgment on failed share subscription claims (17 March 2016)
The DIFC Court of First Instance clarifies the limits of corporate liability regarding share subscription agreements, granting immediate judgment against a liquidator’s attempt to recover USD 2 million in alleged unpaid capital.
DIWAN CAPITAL LIMITED v EMIRATES INVESTMENT & DEVELOPMENT CO [2015] DIFC CFI 004 — Formalizing the discontinuance of multi-party litigation (29 July 2015)
The litigation, initiated by Diwan Capital Limited (In Liquidation), originally targeted a broad array of entities and individuals, including Emirates Investment & Development Co PSC as the First Defendant and Ernst and Young UAE as the Second Defendant.
DIWAN CAPITAL LIMITED v EMIRATES INVESTMENT & DEVELOPMENT CO [2015] DIFC CFI 004 — Final order of discontinuance (26 July 2015)
The litigation initiated under case number CFI 004/2013 represented a significant insolvency-related dispute brought by Diwan Capital Limited, then in liquidation, against a broad spectrum of thirteen defendants.
DIWAN CAPITAL LIMITED v EMIRATES INVESTMENT & DEVELOPMENT CO [2015] DIFC CFI 004 — Discontinuance of claims against Ernst & Young UAE (13 April 2015)
The litigation in CFI 004/2013 represents a complex, multi-party dispute arising from the liquidation of Diwan Capital Limited. The Claimant, acting through its liquidators, initiated proceedings against a broad spectrum of entities and individuals, including Emirates Investment & Development Co…
DIWAN CAPITAL LTD IN LIQUIDATION v EMIRATES INVESTMENT & DEVELOPMENT CO [2013] DIFC CFI 004 — Extending service timelines in complex multi-party litigation (09 October 2013)
Judicial Officer Nassir AlNasser grants a four-month extension for the service of an amended Claim Form in a high-stakes liquidation dispute involving thirteen named defendants.
DIWAN CAPITAL v EMIRATES INVESTMENT & DEVELOPMENT CO [2013] DIFC CFI 004 — Extension of time for service of amended claim form (10 June 2013)
The litigation involves Diwan Capital Ltd, currently in liquidation, initiating proceedings against a broad spectrum of thirteen respondents, including Emirates Investment & Development Co PSC, Ernst & Young, and several individual directors and officers.
DIWAN CAPITAL LTD IN LIQUIDATION v EMIRATES INVESTMENT & DEVELOPMENT CO [2013] DIFC CFI 004 — Procedural constraints on joinder and service (25 February 2013)
Diwan Capital Ltd in Liquidation, acting as the Claimant, initiated an application to expand the scope of its existing litigation by joining a new party, Mr. Nägeli, to the proceedings already involving Emirates Investment & Development Co PSC and twelve other named defendants.
DIWAN CAPITAL LIMITED IN LIQUIDATION v EMIRATES INVESTMENT AND DEVELOPMENT Co PJSC [2013] DIFC CFI 004 — Establishing the procedural roadmap for complex liquidation litigation (19 February 2013)
The litigation involves a claim brought by Diwan Capital Limited, currently in liquidation, against Emirates Investment and Development Co PJSC and other named defendants. While the specific underlying cause of action is not detailed in this procedural order, the case concerns a high-stakes civil…
International Electromechanical Services Co v Al Fattan Engineering [2012] DIFC CFI 004 — jurisdictional challenge regarding arbitration agreements (14 October 2012)
The DIFC Court of First Instance examines the limits of its inherent jurisdiction to stay proceedings in favor of non-DIFC seated arbitration where mandatory statutory stay provisions are inapplicable.
INTERNATIONAL ELECTROMECHANICAL SERVICES CO v AL FATTAN ENGINEERING [2012] DIFC CFI 004 — Directions on arbitration stay and jurisdictional nexus (02 April 2012)
The lawsuit concerns a construction-related dispute arising from an agreement dated 26 November 2008 between the Claimant, International Electromechanical Services Co LLC, and the Defendants, Al Fattan Engineering LLC and Al Fattan Properties LLC.
INJAZAT CAPITAL v OPTIMIZA SOLUTIONS [2010] DIFC CFI 004 — Judicial appointment of a sole arbitrator (22 March 2010)
The dispute arose from a failure to constitute an arbitral tribunal for a matter involving Injazat Capital Limited and Optimiza Solutions (also known as Al Faris National Company for Investment & Export).
HUSSAM ZHOU AL GENA v RASMALA INVESTMENTS [2009] DIFC CFI 004 — Appeal against Small Claims Tribunal judgment (02 March 2009)
The litigation originated as a claim brought by Hussam Zhou Al Gena against Rasmala Investments Limited. While the specific underlying cause of action remains distinct from the procedural history of the appeal, the matter was initially adjudicated within the Small Claims Tribunal (SCT).
HUSSAM ZOU AL GHENA v RASMALA INVESTMENTS [2009] DIFC CFI 004 — Dismissal of procedural application (18 February 2009)
A summary of the procedural order issued by Justice Tan Sri Siti Norma Yaakob regarding the dismissal of an application filed by the Claimant in the matter of CFI 004/2009.
HUSSAM ZOU AL GHENA v RASMALA INVESTMENTS [2009] DIFC CFI 004 — Stay of execution pending appeal (09 February 2009)
The litigation between Hussam Zou Al Ghena and Rasmala Investments Limited reached a critical procedural juncture in early 2009. Following an earlier order issued by the Court, Rasmala Investments, acting as the Defendant and Appellant, sought to prevent the immediate enforcement of judicial…
DR AZIZ KURTHA v BIN SHABIB & ASSOCIATES [2009] DIFC CFI 004 — Termination of professional negligence proceedings (20 April 2009)
A formal conclusion to the professional liability dispute between Dr Aziz Kurtha and Bin Shabib & Associates, resulting in the total discontinuance of the claim.
DR AZIZ KURTHA v BIN SHABIB & ASSOCIATES [2009] DIFC CFI 004 — Procedural directions and mandatory mediation (19 January 2009)
The litigation involves a professional dispute between the claimant, Dr. Aziz Kurtha, and the respondent law firm, Bin Shabib & Associates (BSA) LLP, along with other named defendants.
ARABTEC CONSTRUCTION v ULTRA FUJI INTERNATIONAL [2009] DIFC CFI 004 — Registrar’s issuance of a Default Costs Certificate (11 June 2009)
This order confirms the Registrar’s authority to issue a Default Costs Certificate for US$ 608,455.68 following the failure of the paying party to serve points of dispute within the mandatory 21-day window prescribed by the Rules of the DIFC Courts.
ARABTEC CONSTRUCTION v ULTRA FUJI INTERNATIONAL [2009] DIFC CFI 004 — Costs assessment and indemnity basis (10 March 2009)
The dispute between Arabtec Construction and Ultra Fuji International originated from a construction contract, leading to complex litigation within the DIFC Court of First Instance. Following the conclusion of the main proceedings, the Claimant, Arabtec Construction, sought to recover its legal…
ARABTEC CONSTRUCTION v ULTRA FUJI INTERNATIONAL [2007] DIFC CFI 004 — Construction sub-contract termination and liquidated damages (11 February 2009)
The dispute arose from a sub-contract dated 19 December 2005, under which Ultra Fuji International was engaged by Arabtec Construction to supply, install, and maintain elevators and escalators for the Gate Village project within the DIFC.
ARABTEC CONSTRUCTION v ULTRA FUJI INTERNATIONAL [2008] DIFC CFI 004 — Payment on account of costs (06 November 2008)
The litigation between Arabtec Construction and Ultra Fuji International, filed under case number CFI 004/2007, involved a complex commercial dispute that generated significant interlocutory activity.
ARABTEC CONSTRUCTION v ULTRA FUJI INTERNATIONAL [2008] DIFC CFI 004 — Procedural directions on expert evidence and trial preparation (15 October 2008)
The dispute between Arabtec Construction LLC and Ultra Fuji International LLC involves complex construction-related claims that necessitated judicial intervention to manage the pre-trial phase.