Claim No. CFI 005/2012
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
| Sheikh Meshal Jarah Al-Sabah | Claimant |
| andUBS AG | Defendants |
ORDER
UPON HAVING read the Request to Produce Hearing Bundle
AND UPON hearing counsel for the Claimant and for the Defendant at a Request to Produce Hearing held on Wednesday, 17 October 2012
IT IS HEREBY ORDERED BY CONSENT THAT:
Production of Documents
1. The Defendant is to produce the mandate of BNP Paribas as co-advisor to Zain Group on the disposal of ZIBV's 100% equity interest in ZABV by 4pm on 21 November 2012 if it is within the Defendant's possession, custody or control.
2. The Defendant is to produce to Justice David Williams in un-redacted form the Call Reports which form Tab 2 of the Defendant's Standard Document Production, dated 8 August 2012 on or before 4pm on 14 November 2012 for the purposes of a review of the redacted words pursuant to RDC 2011
Rule 28.17.
3. The parties are to produce a joint memorandum by 14 November 2012 providing guidance for Justice David Williams in relation to the review referred to in paragraph 2 above.
4. If, following the review referred to in paragraph 2 above, an order is made by Justice David Williams requiring the Defendant to produce any Call Report (or any part thereof) in un-redacted form, the Defendant shall provide such Call Report (or part thereof) within 1 week of any such order being made.
5. The Defendant is to conduct an electronic search covering the period 31 October 2011 to 30 April 2012 of the emails of Alexander Wilmot-Sitwell and to produce, if within the Defendant's possession, custody or control, any documents relating to Mr Wilmot-Sitwell's dealings with the Claimant and/or the relationship between the Defendant and the Claimant in respect of the matters in dispute between the parties on or before 4pm on 5 December 2012.
6. The Claimant is to file and serve a written response clarifying his position in relation to the Defendant's Request to Produce numbers 1 to 5 by 4pm on 14 November 2012.
Defendant's Application to amend the Defence
7. The Claimant is to file and serve a response to the Defendant's Application to amend the Defence, dated 10 October 2012 by 4pm on 21 November 2012.
Amendments to the Order for Directions of Justice Sir David Steel
8. Paragraphs 7, 8 and 9 of the Order of Justice Sir David Steel, dated 21 June 2012 are to be replaced with the following directions:
Witness Statements9. Signed Witness Statements of fact and any notices to reply on hearsay evidence to be exchanged by 4pm on 23 January 2013.
10. Signed Witness Statements in reply (if any) to be exchanged not later than 20 February 2013.
Expert Evidence11. Any application to amend to plead foreign law or any application for permission to call any expert witness or serve an Expert's Report on the ground that
the law of the alleged contract between the Claimant and Defendant is different from
DIFC Law to be filed and served no later than 4pm on 20 February 2013.
Liberty to apply
12. Liberty to apply for further directions.
Costs
13. Costs to be in the case.
Issued by
Mark Beer
Registrar
Date of Issue: 13 November 2012
At: 9am
