July 27, 2021 court of first instance - Orders
Claim No: CFI 053/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
ABRAAJ GENERAL PARTNER VIII LIMITED (ON BEHALF OF NEOMA PRIVATE EQUITY FUND IV L.P.)
Claimant
and
KPMG LOWER GULF LIMITED
Defendant
ORDER OF H.E JUSTICE OMAR AL MUHAIRI
UPON the Claimant having filed the present claim by way of a Claim Form dated 29 September 2019 (the “DIFC Court Claim”)
AND UPON the Defendant filing a claim with the Dubai Court of First Instance on 1 February 2020 (Case No. 216/2020 Commercial) (the “Dubai Court Claim”)
AND UPON the Defendant having made an application on 19 February 2020 to the Joint Judicial Committee (the “JJC”) established under Decree 19 of 2016 (the “Decree”) to determine whether the DIFC Courts or the Dubai Courts are competent to hear the case between the parties (Cassation No. 1/2020 Judicial Tribunal)
AND UPON this Court staying the proceedings pursuant to Article 5 of the Decree and the Court’s case management powers under RDC Rule 4.2(6) by way of the Order of H.E. Justice Ali Al Madhani dated 20 February 2020
AND UPON considering the decision given in Cassation No. 1 of 2020 by the JJC that the onshore Dubai Courts are competent to hear the case between the parties and directing the DIFC Courts to cease from hearing the case (“JJC Directive and Decision”)
IT IS HEREBY ORDERED THAT:
1. The DIFC Court Claim is dismissed by reason of the JJC’s Directive and Decision.
2. The Claimant in the DIFC Court Claim shall pay the Defendant’s costs on the standard basis, within 28 days from the date of this order, to be assessed by a Registrar if not agreed.
Issued by:
Nour Hineidi
Registrar
Date of issue: 27 July 2021
At: 9am
