CFI 004/2010
THE JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
IN THE COURT OF FIRST INSTANCE
BETWEEN
| INJAZAT CAPITAL LIMITED | Claimants |
| and OPTIMIZA SOLUTIONS (AL FARIS NATIONAL COMPANY FOR INVESTMENT & EXPORT) | Defendant |
ORDER OF JUSTICE DAVID WILLIAMS
MADE ON 21 MARCH 2010
UPON READING the Claimant's application for the appointment of an arbitrator pursuant to DIFC Arbitration Law No.1 of 2008 Section 17(3)(b) dated 15 February 2010 and the submissions from counsel for the Claimant of 18 March 2010 filed in response to the Minute of Justice David Williams of 1 March 2010 as amplified on 3 March 2010.
AND IN THE ABSENCE of any submissions from the Defendant, who has failed to acknowledge service or enter an appearance
THIS COURT FINDS on the evidence adduced by the Claimant that:
1. Valid
Service of the Request for Arbitration dated 23 December 2009 ("the Arbitration") occurred on 23 December 2009;
2. Valid service of the Claim Form was effected by facsimile on 9 February 2010, by courier/registered mail on 10 February 2010 and by post on 12 February 2010.
ACCORDINGLY THIS COURT ORDERS THAT:
1. Subject to:
(a) Being willing to act as sole arbitrator
(b) Providing appropriate confirmation to the
Court that he is not subject to a disqualifying conflict of interest, in terms of the current version of the IBA Guidelines on Conflicts of Interest in International Arbitration
Mr Graham Lovett of Clifford Chance, Dubai, is appointed sole arbitrator in the Arbitration.
2. If Mr Lovett has not accepted his appointment, or refuses to act, or declares a conflict which is not or cannot be waived by either party, by 4pm Dubai time on 25 April 2010, Timothy Howe QC, of Fountain Court, London, shall be appointed sole arbitrator in the Arbitration, subject to fulfilling (a) and (b) above.
3. If Mr Howe has not accepted his appointment, or refuses to act, or declares a conflict which is not or cannot be waived by either party, by 4pm Dubai time on 25 May 2010, either party may make further nominations to this Court.
4. Either party has liberty to apply to this Court for further relief in the Arbitration.
5. Claimant's costs of this application to be paid by the Defendant in any event, to be assessed if not agreed.
Mark Beer
Registrar
Date of Issue: 22 March 2010
At: 11am
