Claim No: CFI 008/2015
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
BOCIMAR INTERNATIONAL N.V.
and
EMIRATES TRADING AGENCY LLC
ORDER OF THE CHIEF JUSTICE MICHAEL HWANG SC
UPON reviewing the Defendant’s Application Notice CFI-008-2015/2 and supporting documents dated 2 August 2015 seeking permission to rely on expert evidence at the jurisdiction hearing (“the Application”)
AND UPON reviewing the Claimant’s evidence in reply dated 9 August 2015 and the Defendant’s evidence in answer dated 16 August 2015
AND UPON reviewing the relevant documents on the case file
IT IS HEREBY ORDERED THAT:
1. The Application as requested is denied, and no expert witnesses will be permitted.
2. Each party may instruct experts on UAE and English law, respectively, to appear as assisting Counsel at the hearing subject to their compliance with the registration requirements for Counsel appearing before the DIFC Courts.
3. Such experts acting as Counsel may make submissions, separate to those to be lodged by lead counsel, on their area of specialisation and may present oral arguments at the hearing.
4. The parties are to agree by no later than 4pm on Monday 31 August 2015 the timing of the filing of all submissions in respect of the jurisdiction hearing scheduled for 16 and 17 September 2015, failing which the deadlines will be fixed by the Court.
5. Costs reserved.
Issued by:
Mark Beer
Date of issue: 26 August 2015
At: 11am