Claim No. CFI 012/2012
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
| ALLIANZ RISK TRANSFER AG DUBAI BRANCH | Claimant |
| and |
AL AIN AHLIA INSURANCE COMPANY PJSCDefendant
ORDER OF JUDICIAL OFFICER SHAMLAN AL SAWALEHI
UPON READING the agreed Case Memorandum, the agreed List of Issues and the parties' Case Management Information Sheets
IT IS ORDERED BY CONSENT THAT
1. By
29 July 2013 the parties are to attend the
Registrar to fix a date for trial, for a date commencing not before
1 May 2014, with a time estimate of 4–8 days.
2. By
5 August 2013, the Defendant has permission to serve an Amended Defence and
Counterclaim, responsive to the Amended Particulars of Claim dated
15 July 2013.
3. Within 14 days of service of any Amended Defence and Counterclaim, the Claimant has permission to serve an Amended Reply and Defence to Counterclaim.
4. Within 14 days of service of any Amended Reply and Defence to Counterclaim, the Defendant has permission to serve a Reply to the Amended Defence to Counterclaim.
5. By 12 September 2013 each party shall provide standard production of documents by service of hard copy documents on the other party.
6. By
30 September 2013, each party shall, if so advised, submit to the
Court and the other party a Request to Produce.
7. By 21 October 2013, each party to whom the Request to Produce is addressed shall:
a. Produce to the other party all the documents requested in its possession, custody or control as to which it makes no objection; and/or
b. State its objection(s) to the Request to Produce in writing to the Court and the other party.
8. By 28 October 2013, each party to whom an objection(s) to the Request to Produce is addressed shall submit to the Court and the other party its response to the said objection(s).
9. Signed statements of witnesses of fact, and hearsay notices where required by
Section IV of Rule 29, are to be exchanged not later than
19 December 2013.
10. Supplemental statements of witnesses of fact, if so advised, to be exchanged not later than 9 January 2014.
11. Unless otherwise ordered, Witness Statements are to stand as the
evidence in chief of the witness at Trial.
12. Signed reports of experts:
(i) are to be confined to one expert for each party from each of the fields of (a) geopolitical science; (b) the status of documents such as the IFE Opinion;
(ii) are to be confined to the following issues:
(a) In respect of (i)(a) above, "what was the socio-political nature of the events which took place in Egypt on 28 and 29 January 2011?";
(b) In respect of (i)(b) above, "what is the status of the IFE Opinion?";
(iii) are to be exchanged:
(a) In respect of (i)(a) above, sequentially:
1. by the Claimant not later than 16 January 2014; and
2. by the Defendant not later than 30 January 2014
(b) In respect of (i)(b) above, simultaneously not later than 16 January 2014.
13. Meeting of experts:
(i) The meeting of experts is to take place between 30 January 2014 and 13 February 2014;
(ii) The joint memorandum of the experts is to be completed by 20 February 2014; and
(iii) Any short supplemental expert reports are to be exchanged simultaneously by not later than 27 February 2014.
14. If the experts' reports cannot be agreed, the parties are to be at liberty to call expert witnesses at the trial, limited to those experts whose reports have been exchanged pursuant to paragraph 12 above.
15. The Progress Monitoring date shall be 27 February 2014.
16. There is to be a Pre-Trial review not earlier than 8 weeks before and not later than 4 weeks before the date set down for trial.
17. Preparation of Trial Bundles to be completed by not later than 4 weeks before the date set down for trial.
18. Each party is to lodge a completed Pre-Trial checklist not later than 3 weeks before the date set down for trial.
19. Save as varied by this order or further order, the practice and procedures set out in the Rules of the
DIFC Courts, as amended from time to time, are to be followed.
20. Costs in the case.
21. Liberty to restore the Case Management Conference.
Issued by
Judicial Officer
Shamlan Al Sawalehi
Date: 21 July 2013
Time: 2pm
