DIFC Courts

CFI 044/2012 - Consent Order

December 18, 2012 court of first instance - Orders,Orders

Claim No: CFI 044/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) AAM HOLDING LIMITED

(2) MAHMOOD MOHAMAD RAHMAN AL ANSARI

Claimants
and

 

(1) FIRST CAPITAL OF SWITZERLAND INVESTMENT BANK LIMITED

(2) FIRST CAPITAL OF SWITZERLAND LIMITED

(3) ABDULRAHMAN AL ANSARI

(4) ANTHONY D'ANIELLO

Defendants

CONSENT ORDER DATED 18 DECEMBER 2012

UPON this Court having heard on short notice an application for an interim injunction dated 29 November 2012, brought by the Applicants in Case No: CFI 043/2012;

AND UPON H.E. Justice Omar AI Muhairi having granted the Applicants in Case No: CFI 043/2012 an interim injunction by order dated 29 November 2012;

AND UPON the Applicants in Case No: CFI 043/2012 having paid the sum of UAE 18,390,000 into court on 1 December 2012;

AND UPON The Applicants in Case No CFI 043/2012 having filed a claim form in Claim No. CFI 044/2012;

AND UPON the Applicants in Case No CFI 043/2012 having issued a Notice of Dispute dated 10 December 2012;

AND UPON the Applicants in Case No CFI 043/2012 having filed with the DIFC-LCIA Arbitration Centre a Request for Arbitration dated 10 December 2012;

AND UPON there being Arbitral Proceedings in the DIFC-LCIA Arbitration Centre with Case No: D-L 12021;

AND UPON the Respondents to the Injunction Order made on 29 November 2012 not opposing its continuation on the terms set out in the Varied Order attached to this Consent Order;

IT IS ORDERED BY CONSENT THAT:

1. The Injunction Order dated 29 November 2012 is to continue on the terms as made by H.E. Justice Omar Al Muhairi, save for the amendments indicated in the Varied Order as attached to this Consent Order.

 

2. The first, third, fourth and fifth respondents to the Injunction Application made in Claim No: CFI 043/2012 be removed as parties to Injunction Order made 29 November 2012.

 

3. Proceedings in Claim No: CFI 044/2012 be stayed until 14 days after the resolution or final determination of:

 

a. The Arbitral Proceedings with case No: D-L 12021; and

 

b. The Notice of Dispute dated 10 December 2012; and

c. The Request for Arbitration filed with the DIFC-LCIA dated 10 December 2012; and

 

d. Any Arbitral proceedings arising out of the Request for Arbitration filed with the DIFC-LCIA dated 10 December 2012,
or further order.
4. The return date listed for the 19 December 2012 in Claim No: CFI 043/2012 be vacated.

 

5. Costs reserved.

Issued by:

Registrar

Mark Beer

Date of issue: 20 December 2012

At: 4.30 pm