June 30, 2016 court of first instance - Orders,Orders
Claim No: CFI 020/2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BEFORE JUSTICE SIR JEREMY COOKE
BETWEEN
BROOKFIELD MULTIPLEX CONSTRUCTIONS LLC
and
(1) DIFC INVESTMENTS LLC
(2) DUBAI INTERNATIONAL FINANCIAL CENTRE AUTHORITY
Defendants
ORDER OF JUSTICE SIR JEREMY COOKE
UPON the Claimant’s Application Notice CFI-020-2016/1 dated 16 June 2016 for an interim injunction (the “Claimant’s Application”) restraining the Defendants from continuing, prosecuting or assisting in the prosecution of certain proceedings in the Dubai Courts and from commencing proceedings before the Dubai Courts
AND UPON the Defendants’ Application Notice CFI-020-2016/2 dated 16 June 2016 disputing the jurisdiction of the DIFC Courts (the “Defendants’ Application”)
AND UPON reading the submissions and evidence recorded on the Court file
AND UPON hearing Counsel for the Claimant and Counsel for the Defendants on 22 June 2016 by way of videoconferencing and 27 June 2016 by way of telephone
IT IS HEREBY DECLARED THAT:
1.There is a binding arbitration agreement between the Claimant and the Defendants contained in the construction contract executed on 22 May 2003 which applies to the subject matter of the dispute which has given rise to the non-DIFC Dubai Court Proceedings.
AND IT IS HEREBY ORDERED THAT:
1. The Claimant’s Application is dismissed.
2. There shall be no order as to the Defendants’ Application.
3. The Claimant shall pay 75% of the Defendants’ costs of the Claimant’s Application and of the Defendants’ Application, subject to detailed assessment if not agreed.
Issued by:
Natasha Bakirci
Assistant Registrar
Date: 30 June 2016
At: 4pm
