November 14, 2022 Arbitration - Orders
Claim No: ARB 018/2022
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
LATHOR
Claimant
and
LIUFAN
Defendant
ORDER OF H.E JUSTICE SHAMLAN AL SAWALEHI
UPON reviewing the Claimant’s Arbitration Claim dated 2 November 2022 (the “Arbitration Claim”) made pursuant to Articles 42(1) and 43 of DIFC Law No. 1 of 2008 (the “Arbitration Law”) for an order recognising and enforcing the arbitral award issued by Dubai International Arbitration Centre (“DIAC”) on 25 October 2022 (the “Award”)
AND UPON reviewing the relevant material filed in support of the Arbitration Claim
IT IS HEREBY ORDERED THAT:
1. The Award shall be recognised as binding within the DIFC and shall be enforced in the same manner as a judgment or order of the DIFC Courts.
2. Judgment is entered in terms of the Award and the Defendant shall pay the Claimant the following sums, being the sums awarded to the Claimants in the Award:
(a) Order the Defendant to immediately vacate the Claimant’s Apartment No. 001, Dubai; handover the keys, and provide the Claimant with clearance Certificate from all the utilities providers including DEWA, EMICOOL, Du after paying all utilities’ invoices in respect of the said Claimant’s Apartment;
(b) an amount of AED 15,500 being the unpaid balance of the rent for the Leasing Term ended on 20 June 2022, together with legal interest at the rate of 5% as of the date of the Award until full payment;
(c) the amount of AED 2,346.75 being the utilities’ bills that were paid by the Claimant, together with legal interest at the rate of 5% of the date of the Award until full payment;
(d) the amount of AED 1,900 being the Notifications fees and charges paid by the Claimant to couriers and to Dubai Notary Public, together with legal interest at the rate of 5% of the date of the Award until full payment;
(e) the amount of AED 31,000) being the DIAC and Arbitral Tribunal’s Fees together with legal interest at the rate of 5% of the date of the Award until full payment;
(f) the amount of AED 25,000 together with legal interest at the rate of 5% as of the date of the Award until full payment, as compensation for the moral and financial damages the Claimant has suffered because of the Defendant’s deliberate breaches, mala fide conduct, illegally continuing to occupy the Claimant’s property and unlawfully enriching itself at the account of the Claimant after the expiry of the Leasing Term;
(g) the rent at the rate of AED 111 as of the 21 June 2022 until the date by which the Defendant does actually vacate the Claimant’s apartment and had it over properly to the Claimant. The total shall be calculated at the time the Defendant actually vacates the Claimant’s property and had it over to the Claimant; and
(h) in the event the Defendant does not vacate and handover the Apartment voluntarily to the Claimant within two (2) days as of the date of notifying the Award on its email addresses (info@test.com) and (accounts@test.com), pay the Claimant compensation of AED 500 per day for each day of delay in vacating the Claimant’s property.
3. The Defendant may apply to set this order aside within 14 days of being served with this order.
4. This order may not be enforced until after: (a) the end of the period set out in paragraph (3) above; or (b) the final disposal of any application made within that period by the Defendant to set aside this order.
5. The Defendant shall pay the Claimant its costs of this Application, to be assessed by a Registrar if not agreed.
Issued by:
Delvin Sumo
Assistant Registrar
Date of Issue: 14 November 2022
At: 2pm
