August 10, 2023 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 003/2022
IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
(1) AMERICAN INTERNATIONAL GROUP UK LIMITED
(AS TRANSFEREE OF AIG EUROPE LIMITED)
(2) MARKEL SYNDICATE MANAGEMENT LIMITED
(3) TALBOT UNDERWRITING LIMITED
(4) BERKSHIRE HATHAWAY INTERNATIONAL INSURANCE LTD
(5) LIBERTY MUTUAL INSURANCE EUROPE SE
(6) ANV CORPORATE NAME LIMITED
(7) ARCH INSURANCE (UK) LIMITED
Claimants
and
QATAR INSURANCE CO. (BRANCH OF A FOREIGN COMPANY)
Defendant
CONSENT ORDER
UPON the Claimants filing a claim by way of a Part 7 Claim Form issued on 14 January 2022 (the “Claim”)
AND UPON the Claimants serving the Claim on the Defendant on 26 January 2022
AND UPON the Defendant filing an Acknowledgement of Service issued on 8 February 2022
AND UPON the Claimants filing an Amended Claim Form on 29 March 2022
AND UPON the Claimants filing a Re-amended Claim Form on 22 August 2022
AND UPON hearing the Defendant’s Application No. CFI-003-2022/1 dated 22 February 2022 for a declaration that the DIFC Courts have no jurisdiction to hear the claim (the “Application”) and the Defendant’s Application No. CFI-003-2022/2 dated 14 July 2022 (the “Expert Evidence Application”) at a hearing on 21 July 2022
AND UPON ordering, inter alia, that the Application and the Expert Evidence Application are refused by way of the Order of Justice Lord Angus Glennie dated 29 August 2022
AND UPON the Defendant filing a Further Acknowledgment of Service issued on 12 September 2022
AND UPON the Parties settling the Claimants’ costs of the Application and the Expert Evidence Application and the Parties settling the Claimants’ Application No. CFI-003-2022/3 dated 6 September 2022 and the Defendant’s Application No. CFI-003-2022/4 dated 14 September 2022
AND UPON a Consent Order extending the deadline for filing the Particulars of Claim to 24 October 2022 issued on 6 October 2022
AND UPON a Consent Order extending the deadline for filing the Particulars of Claim to 31 October 2022 issued on 28 October 2022
AND UPON a Consent Order extending the deadline for filing the Particulars of Claim to 1 November 2022 issued on 31 October 2022
AND UPON the Claimants filing the Particulars of Claim on 1 November 2022
AND UPON a Consent Order extending the deadline for filing the Defence to 13 December 2022 issued on 29 November 2022
AND UPON a Consent Order extending the deadline for filing the Defence to 3 January 2023
AND UPON the Defendant filing a Defence and Counterclaim issued on 3 January 2023
AND UPON the Defendant serving the Defence and Counterclaim on the Claimants on 9 January 2023
AND UPON a Consent Order extending the deadline for filing the Reply and Defence to Counterclaim on 31 January 2023 issued on 18 January 2023
AND UPON the Claimants filing the Reply and Defence to Counterclaim on 31 January 2023
AND UPON the Claimants filing an application for joinder on 2 March 2023 issued on 3 March 2023
AND UPON the issuance of the Case Management Order on 8 March 2023 (the “CMO”) following the Case Management Conference on 7 March 2023
AND UPON the Claimants filing a Part 23 application seeking an order that DIFC laws apply as the governing law of the Reinsurance Contracts dated 28 March 2023 as directed by the CMO and the exchange of written submissions by the Parties
AND UPON the Order of Justice Lord Angus Glennie that the governing law of the Reinsurance Contracts is the DIFC law on 25 May 2023
AND UPON the Parties having agreed to the terms of this Consent Order
IT IS HEREBY ORDERED BY CONSENT THAT
1. The deadline for the Claimants and the Defendant to file and exchange expert reports be extended from 8 August 2023 to be filed by no later than 4pm on 15 August 2023.
2. Paragraph 8 of the CMO shall be considered varied accordingly.
3. The costs incurred in dealing with this Consent Order are costs in the case.
Issued by:
Hayley Norton
Assistant Registrar
Date of Issue: 10 August 2023
At: 12pm