DIFC Courts

CFI 029/2012 - Direction 

September 24, 2012 court of first instance - Orders

Claim No: CFI 029-2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

TECHNICAL ARCHITECTS GENERAL CONTRACTING LLCClaimant
-and-NAKHEEL PJSCDefendant

DIRECTION OF DEPUTY CHIEF JUSTICE SIR ANTHONY COLMAN

UPON reviewing the relevant documents in the Courts file

IT IS HEREBY DIRECTED THAT:

1. Whereas in accordance with RDC 42.32 the DIFC Courts will normally consider the question of permission for Judicial Review without a hearing, there may be exceptional cases where, because of the nature of the issues raised by the application, it is appropriate that a Permission Hearing should be held. Since, in the present case, the Defendant has challenged the jurisdiction of the DIFC Courts to conduct Judicial Review of decisions of the Dubai World Tribunal, the Courts are minded to direct that a Permission Hearing be held. In deciding whether so to direct, the Court will take into consideration any observations as to that course which either party may have and which are received by 1 October 2012.

 

2. Whether or not there is to be a Permission Hearing, either party may serve such written submissions in relation to the claim as it may be advised no later than 8 October 2012. Any such submissions are to be relied on as a Skeleton Argument at such Permission Hearing as may be held.

 

3. The date of any such Permission Hearing as may be directed will be notified by the Registrar following consultation with the parties.

Issued by:

Mark Beer

Registrar

Date of Issue: 24 September 2012

At: 3pm