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FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of application for permission to appeal (22 August 2021)
The litigation arises from a construction dispute where the parties were subject to an Engineer’s Determination regarding payment obligations. The Claimant, Five Real Estate Development, sought to strike out the Defendant’s counterclaim, arguing that the Defendant was bound by the figures set out…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of second permission to appeal (29 July 2021)
The litigation between Five Real Estate Development and Reem Emirates Aluminium originated as a construction dispute within the Technology and Construction Division. The Claimant sought to pursue various claims against the Respondent, which were subsequently met with a successful strike-out…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Default Costs Certificate (28 July 2021)
The dispute concerns the recovery of legal costs incurred during the underlying litigation between Five Real Estate Development LLC and Reem Emirates Aluminium LLC. Following the progression of the substantive matter, the Defendant sought to recover its costs through the formal assessment process.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Dismissal of appeal against strike out and amendment nullification (08 June 2021)
The litigation originated from a construction dispute where the Claimant, Five Real Estate Development, sought to amend its Particulars of Claim to include new heads of loss, specifically an indemnity claim regarding project owner liabilities and damages for construction defects.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — The limits of res judicata in FIDIC-based construction disputes (31 May 2021)
The litigation centers on a Sub-Contract Agreement dated 29 May 2018, governed by the 1999 FIDIC Conditions of Contract. The Claimant, Five Real Estate Development, originally sought AED 7,744,388.00 from the Defendant, Reem Emirates Aluminium, based on an Engineer’s Determination dated 5 March…
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Immediate judgment on FIDIC-based claims (04 May 2021)
The DIFC Court of First Instance clarifies the limits of challenging an Engineer’s Determination under a FIDIC 1999 contract, granting immediate judgment where the claimant’s arguments contradict the underlying certified figures.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 009 — Leave to file counterclaim (02 February 2021)
The dispute arises from a construction-related disagreement between Five Real Estate Development LLC and Reem Emirates Aluminium LLC. While the underlying merits of the construction contract remain the subject of the broader TCD 009/2020 proceedings, the immediate point of contention was the…
BROGAN MIDDLE EAST SCAFFOLDING v ARABTEC CONSTRUCTION [2021] DIFC TCD 008 — Default judgment for construction services (10 May 2021)
The dispute centered on a commercial claim for outstanding payments related to specialized construction services. Brogan Middle East Scaffolding LLC initiated the action against Arabtec Construction LLC to recover funds owed for the provision of installation and dismantling services, as well as the…
BROGAN MIDDLE EAST SCAFFOLDING CONTRACTING v ARABTEC CONSTRUCTION [2020] DIFC TCD 008 — Procedural consolidation and TCD transfer mechanics (25 November 2020)
The Registrar’s order clarifies the procedural pathway for construction disputes filed in the Technology and Construction Division (TCD) when parallel proceedings exist in the Court of First Instance (CFI).
GHAZI ABDULLAH NASSER AL-SAQABI v MERRILL LYNCH INTERNATIONAL [2022] DIFC TCD 006 — procedural extension for filing defence (15 March 2022)
The Technology and Construction Division grants a critical procedural extension to the First Defendant, resetting the timeline for the filing of the Defence in a complex multi-party dispute.
SSANGYONG-BESIX v FIRST ABU DHABI BANK [2020] DIFC TCD 004 — Procedural scheduling for construction dispute preliminary issue (30 September 2020)
The litigation involves a joint venture, Ssangyong-Besix, comprised of Ssangyong Engineering & Construction Co., Ltd (Dubai Branch) and Belhasa Six Construct Company LLC, acting as the Claimant. The Respondent is First Abu Dhabi Bank PJSC.
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES v DIF INTERIOR DECORATION CO [2023] DIFC TCD 003 — Finality of judgment and procedural compliance (07 September 2023)
This order addresses the limits of judicial reconsideration post-judgment, confirming that perfected orders cannot be amended to include evidence omitted during the trial phase.
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES v DIF INTERIOR DECORATION CO [2023] DIFC TCD 003 — Breach of fit-out contract and milestone payment disputes (16 August 2023)
The litigation centered on a fit-out contract for the OPSO Café at the Dubai Mall, where the Claimant, Rafid Gourmet Investment, sought damages following the Defendant’s, DIF Interior Decoration, failure to complete the works by the agreed deadline of 31 December 2021.
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES v DIF INTERIOR DECORATION CO [2023] DIFC TCD 003 — Consent order amending case management timelines (25 May 2023)
A procedural recalibration in the Technology and Construction Division following the rescheduling of trial dates and the omission of progress monitoring requirements.
RAFID GOURMET INVESTMENT v DIF INTERIOR DECORATION [2023] DIFC TCD 003 — Consent Order for Amended Pleadings (19 May 2023)
A procedural consent order issued by the Technology and Construction Division facilitating the refinement of pleadings in a construction dispute between Rafid Gourmet Investment and DIF Interior Decoration.
RAFID GOURMET INVESTMENT IN COMMERCIAL ENTERPRISES v DIF INTERIOR DECORATION CO [2023] DIFC TCD 003 — Procedural compliance in application filings (29 March 2023)
The dispute centers on a procedural misstep during the litigation of Claim No. TCD 003/2022. The Claimant, Rafid Gourmet Investment In Commercial Enterprises & Management LLC, had previously filed an application for immediate judgment on 13 February 2023.
VISION INVESTMENT AND HOLDINGS v MAHDI AMJAD [2022] DIFC TCD 003 — Case Management Order (24 November 2022)
A comprehensive procedural roadmap establishing the litigation lifecycle for a Technology and Construction Division dispute, mandating strict adherence to RDC disclosure and expert evidence protocols.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 003 — Setting aside a default judgment (20 October 2021)
The dispute centers on a construction-related claim initiated by Five Real Estate Development against Reem Emirates Aluminium. Following the issuance of a Default Judgment on 11 October 2021, the defendant, Reem Emirates Aluminium, moved swiftly to challenge the court’s order.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINIUM [2021] DIFC TCD 003 — Default judgment for construction debt (11 October 2021)
The lawsuit concerns a construction-related debt claim brought by Five Real Estate Development LLC against Reem Emirates Aluminium LLC. The Claimant sought recovery of a specified sum of money totaling AED 17,461,329.32.
FIVE REAL ESTATE DEVELOPMENT v REEM EMIRATES ALUMINUM [2021] DIFC TCD 003 — Default judgment request denied following timely service acknowledgment (21 September 2021)
Five Real Estate Development initiated a request for a default judgment against Reem Emirates Aluminum on 19 September 2021, invoking the procedural mechanisms available under the Rules of the DIFC Courts (RDC).
NEST INVESTMENTS HOLDING LEBANON v DELOITTE & TOUCHE [2022] DIFC TCD 003 — Final settlement of financial obligations following preliminary issues judgment (21 April 2022)
The litigation involved a complex group of claimants, including Nest Investments Holding Lebanon S.A.L. and several associated entities and individuals, against the defendants, Deloitte & Touche (M.E.) and Joseph El Fadl.
NEST INVESTMENTS HOLDING LEBANON v DELOITTE & TOUCHE [2022] DIFC TCD 003 — Procedural extension for costs assessment (29 March 2022)
The litigation concerns a complex professional negligence claim brought by a consortium of claimants against the audit firm Deloitte & Touche (M.E.) and Joseph El Fadl. The dispute centers on allegations of professional misconduct and negligence arising from audit services provided to the…
NEST INVESTMENTS HOLDING LEBANON v DELOITTE & TOUCHE [2022] DIFC TCD 003 — Consent order regarding extension of time for detailed assessment of costs (22 February 2022)
The litigation under claim number TCD 003/2020 represents a complex, multi-party dispute involving a significant number of corporate and individual claimants pitted against the professional services firm Deloitte & Touche (M.E.) and Joseph El Fadl.
NEST INVESTMENTS HOLDING LEBANON v DELOITTE & TOUCHE [2022] DIFC TCD 003 — Consent order regarding extension of time for detailed assessment of costs (10 February 2022)
The litigation involves a complex multi-party claim brought by a group of claimants, including (2) Jordanian Expatriates Investment Holding Company (4) Ghazi Kamel Abdul Rahman Abu Nahl (5) Jamal Kamel Abdul Rahman Abu Nahl (6) Trust Compass Insurance S.A.L., against Deloitte & Touche (M.E.) and…