February 25, 2017 Arbitration - Orders
Claim No: ARB 010/2016
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
HAYRI INTERNATIONAL LLC
and
(1) HAZIM TELECOM PRIVATE LIMITED
(2) HAZIM TELECOM LIMITED
Defendants
ORDER OF JUSTICE SIR JEREMY COOKE
PENAL NOTICE
IF YOU HAZIM TELECOM PRIVATE LIMITED OR HAZIM TELECOM LIMITED DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND THE DIRECTORS MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED OR THE COMPANY MAY BE FINED OR HAVE ITS ASSETS SEIZED.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE DEFENDANTS TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
UPON reviewing the Claimant’s ex parte Application Notice ARB-010-2016/1 dated 23 February 2017
AND UPON hearing Counsel for the Claimant at a telephone hearing on 25 February 2017
AND UPON reviewing the First Witness Statement of Hindoi dated 17 August 2017, the Second Witness Statement of HIndoi dated 23 February 2017, the First Witness Statement of Harty dated 23 February 2017 and each of their exhibits
AND UPON the Claimant offering the undertakings set out in the Schedule to this Order, which undertakings the Court accepted
IT IS HEREBY ORDERED THAT:
1. In this Order:
(a) the “Dispute” means the dispute between the Claimant and the Defendants in relation to: (i) the meaning and effect of an arbitration agreement contained in Clause 14 of a Master Services Agreement dated 15 August 2014 (the “MSA”); and (ii) the parties’ liabilities and obligations under and in connection with the MSA; and
(b) the “Pakistani Proceedings” means the proceedings commenced by or on behalf of the Defendants against the Claimant in the courts of Pakistan on 24 August 2016 seeking an anti-suit injunction and a declaration that Clause 14 of the MSA was null and void.
2. Until the Return Date the Defendants shall not, whether by its directors, officers, employees or agents or in any other way pursue, assist in the pursuit of procure the pursuit of:
(a) the Pakistani proceedings; or
(b) any other proceedings relating to the Dispute in any court, tribunal or other dispute resolution forum other than the DIFC Courts.
3. There will be a further hearing of this application at 10am on Tuesday 7 March 2017 (the “Return Date”).
4. Time for service of the Arbitration Claim Form issued by the Claimant on 22 August 2016 shall be extended until 6 months from the date of this Order.
5. The Claimant may serve on the Defendants the Arbitration Claim Form dated 22 August 2016 and the Application issued by the Claimant on 23 February 2017 and all other documents requiring service in these proceedings by email to Mr Hurain at Hurain@Hazim.com or to Mr Husni at Husni@test.com.
6. Service by the Claimant of a document in accordance with paragraph 6 of this Order shall be good and sufficient service of the document on the Defendants and the document shall be considered served:
(a) if the relevant email is transmitted on a business day before 4pm (Gulf Standard Time), on that day; or
(b) in any other case, on the business day after the day on which the relevant email is transmitted.
7. Each party shall have permission to apply to vary the terms of this order, or at least 5 clear business days written notice to the other parties.
8. Costs shall be reserved to the Return Date.
Issued by:
Justice Sir Jeremy Cooke
Judge
Date of issue: 25 February 2017
At: 9pm
SCHEDULE TO THE ORDER
1. If the DIFC Courts later find that this Order has caused loss to the Defendants, and decides that the Defendants should be compensated for that loss, the Claimant will comply with any Order that the Court may make.
2. As soon as practicable the Claimant will serve on the Defendants:
(a) the Claimant’s Application Notice dated 23 February 2017 together with copies of the Second Witness Statement of Hindoi dated 23 February 2017 and the First Witness Statement of Harty dated 23 February 2017 and their exhibits;
(b) the Arbitration Claim Form dated 22 August 2016 with copies of the accompanying draft Order and Witness Statement of Hindoi dated 17 August 2016; and
(c) A copy of this Order.
