This Consent Order formalizes the final procedural roadmap for the litigation between Orient Insurance PJSC and Hazel Middle East FZE, establishing a rigorous schedule for evidence exchange and trial preparation leading to a November 2021 hearing.
What is the nature of the dispute between Orient Insurance PJSC and Hazel Middle East FZE in CFI 060/2019?
The litigation involves a commercial dispute between Orient Insurance PJSC and Hazel Middle East FZE. While the specific underlying cause of action is not detailed in this procedural order, the case has progressed through multiple case management phases since its inception in 2019, necessitating several amendments to the procedural timetable. The matter is currently set for a trial with an estimated duration of seven to eight days.
The current order serves to finalize the evidentiary and administrative requirements to ensure the court is prepared for the substantive hearing. This includes the preparation of trial bundles, which are critical for the court's review of the merits. As stipulated in the order:
The parties shall agree the trial bundles and the Claimant shall prepare, file and serve the agreed bundles by no later than 3 weeks before trial, i.e. no later than 4pm on 7 November 2021 .
The dispute requires the court to adjudicate on complex commercial obligations, necessitating the involvement of expert evidence regarding UAE Law to assist in the interpretation of the relevant legal framework governing the parties' relationship.
Which judicial officer issued the Consent Order in CFI 060/2019 and in which division of the DIFC Courts?
The Consent Order was issued by the Registrar of the DIFC Courts, Nour Hineidi, on 5 August 2021. The matter is being heard within the Court of First Instance (CFI), which maintains jurisdiction over the substantive commercial claims brought by Orient Insurance PJSC against Hazel Middle East FZE.
What were the positions of Orient Insurance PJSC and Hazel Middle East FZE regarding the revised procedural timetable?
Both parties reached a consensus on the revised procedural timetable, effectively avoiding the need for a contested hearing on case management. By consenting to this order, Orient Insurance PJSC and Hazel Middle East FZE signaled their readiness to adhere to strict deadlines for the exchange of witness statements and expert reports.
The parties’ agreement reflects a mutual commitment to the RDC requirements, particularly concerning the preparation of skeleton arguments and opening statements. As mandated by the order:
Skeleton Arguments and Written Opening Statements for the Claimant and the Defendant shall be filed and served by no later than 5 days before trial, i.e. by 4pm on 17 November 2021 .
This collaborative approach ensures that the court is provided with the necessary documentation to facilitate an efficient trial process, minimizing potential delays during the substantive hearing.
What legal questions regarding trial readiness and evidence management did the court address in this Consent Order?
The court was tasked with ensuring that the parties complied with the Rules of the DIFC Courts (RDC) regarding the narrowing of issues before trial. The primary legal question addressed was how to structure the final stages of litigation to ensure that the court’s time is used effectively, specifically regarding the necessity of oral expert testimony and the synchronization of factual evidence.
The court had to determine the appropriate deadlines for the exchange of expert reports on UAE Law and the subsequent requirement for a joint memorandum. This process is designed to isolate the points of contention, allowing the court to focus on the core legal issues rather than peripheral disagreements.
How did the court apply the RDC framework to manage the expert evidence and trial preparation in CFI 060/2019?
The court utilized the RDC to mandate a structured dialogue between the parties' experts. By requiring a joint memorandum, the court forces the experts to clarify their positions, which serves as a prerequisite for the Pre-Trial Review. The court’s reasoning is that such preparation is essential for determining whether oral evidence is actually required at trial.
The order also emphasizes the importance of a clear, cross-referenced chronology to assist the judge in navigating the evidence. As stated in the order:
The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant no later than 8 days before trial, i.e. by 4pm on 28 October 2021 .
Furthermore, the court established a specific mechanism for the Pre-Trial Review to evaluate the necessity of expert testimony:
At the Pre-Trial Review, the court shall consider among other matters the joint statement of issues agreed and disagreed and decide whether oral evidence from the experts at trial is reasonably required.
Which specific RDC provisions were invoked to govern the procedural conduct of Orient Insurance PJSC and Hazel Middle East FZE?
The order explicitly references several parts of the Rules of the DIFC Courts (RDC) to ensure procedural compliance:
- RDC Part 29: Governing the exchange of witness statements of fact.
- RDC Part 31: Governing the submission of expert reports on UAE Law.
- RDC 31.58: Mandating the meeting of experts to discuss their evidence.
- RDC 31.63: Requiring the production of a joint memorandum by experts.
- RDC Part 26: Governing the Progress Monitoring Date and Pre-Trial Review.
- RDC Part 35: Governing the preparation of trial bundles, reading lists, and skeleton arguments.
How did the court utilize the RDC 31.63 joint memorandum requirement to streamline the trial?
The court utilized RDC 31.63 to ensure that the experts in UAE Law engage in a meaningful exchange before the trial begins. By requiring the experts to sign a joint memorandum, the court ensures that the trial judge is presented with a distilled list of matters that are agreed upon and those that remain in dispute. This prevents the trial from being bogged down by technical disagreements that could have been resolved through pre-trial cooperation.
What was the final disposition of the court regarding the procedural timeline and trial date?
The court granted the Consent Order, effectively binding the parties to the revised procedural timetable. The trial is officially listed for 28 November 2021, with an estimated duration of seven to eight days. The order also mandates the filing of a Progress Monitoring Information Sheet by 20 October 2021 and a Pre-Trial Review on 25 October 2021.
The order also includes specific deadlines for the submission of the reading list and trial timetable:
An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant by no later than 7 days before trial, i.e. by 4pm on 18 November 2021 .
What are the practical implications for practitioners managing complex commercial litigation in the DIFC?
Practitioners should note that the DIFC Courts place a high premium on the "agreed" nature of trial preparation. The reliance on RDC Part 26 and Part 35 in this case demonstrates that the court expects parties to proactively manage their own timelines through consent orders rather than waiting for judicial intervention.
The requirement for a Progress Monitoring Information Sheet, as noted below, is a critical touchpoint for practitioners to ensure they remain on the court's radar:
The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before the progress monitoring date and in any event by 4pm on 20 October 2021 .
Failure to adhere to these self-imposed deadlines can lead to significant procedural friction, and practitioners should anticipate that the court will strictly enforce the trial date once a Consent Order of this nature is issued.
Where can I read the full judgment in Orient Insurance PJSC v Hazel Middle East FZE [2021] DIFC CFI 060?
The full text of the Consent Order can be accessed via the DIFC Courts website: https://www.difccourts.ae/rules-decisions/judgments-orders/court-first-instance/cfi-060-2019-orient-insurance-pjsc-v-hazel-middle-east-fze-9
Cases referred to in this judgment:
| Case | Citation | How used |
|---|---|---|
| N/A | N/A | N/A |
Legislation referenced:
- Rules of the DIFC Courts (RDC) Part 26
- Rules of the DIFC Courts (RDC) Part 29
- Rules of the DIFC Courts (RDC) Part 31
- Rules of the DIFC Courts (RDC) 31.58
- Rules of the DIFC Courts (RDC) 31.63
- Rules of the DIFC Courts (RDC) Part 35