March 18, 2024 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 064/2022
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
UNION INSURANCE COMPANY PJSC
Claimant/Applicant
and
INTERNATIONAL PRECIOUS METALS REFINERS LLC
Defendant/Respondent
ORDER OF JUSTICE WAYNE MARTIN
UPON the Claimant’s Part 7 claim by way of Claim Form issued on 29 September 2022 (the “Claim”)
AND UPON the Defendant’s application challenging the DIFC Court's jurisdiction dated 31 October 2022 (the “Jurisdiction Challenge”)
AND UPON the Amended Claim Form issued on 2 January 2023 (the “Amended Claim Form”)
AND UPON the Defendant’s application dated 12 January 2023 to stay the Claim until the publication of the Court of Appeal judgment in DIFC Courts Case No. CA-015-2022: Horizon Energy LLC v Al Buhaira National Insurance Company (the “Stay Application”)
AND UPON the upon the hearing of the Jurisdiction Challenge and the Stay Application on 2 February 2023
AND UPON the filing of further written submissions by the parties in respect of the Jurisdiction Challenge
AND UPON the Order with Reasons of Justice Wayne Martin dated 15 September 2023 (the “Order with Reasons”) dismissing the Jurisdiction Challenge and the Stay Application and finding that the DIFC Courts have jurisdiction to hear the Claim
AND UPON the Claimant’s application dated 8 February 2024 that the Court corrects an accidental slip in the Order with Reasons and makes the meaning of the Court clear (the “Application”)
AND UPON considering the Rules of the DIFC Courts (“RDC”) and in particular, RDC 36.41-36.46
IT IS HEREBY ORDERED THAT:
1. The Application is granted.
2. Paragraph 31 of the Order with Reasons be varied by deleting the first sentence as follows:
“During the period covered by the policies the BETA was in the service of the Iranian Navy under the name “Makran”. Horizon lodged a claim under the policies asserting that the vessel had disappeared. Negotiations took place between Horizon and ABNIC in relation to the claim. During the course of those negotiations, it seems that ABNIC neither admitted nor denied coverage under the policies. Horizon then made a complaint to the Insurance Authority seeking an order that ABNIC provide indemnity under the policies in respect of the loss of the vessel.”
3. The following typographical errors in the Order with Reasons be corrected as follows:
(a) Party names: “UNION INSURANCE PJSC” should be: “UNION INSURANCE COMPANY PJSC”;
(b) Paragraph 70(a): “Article 100” should be “Article 110”; and
(c) Paragraph 78: “should follow” should be “should not follow”.
4. The DIFC Courts Registry is directed to amend the published version of the Order with Reasons by deleting the first sentence of paragraph 31 and correcting the typographical errors as above and to re-issue the Order with Reasons as amended.
5. There is no order as to the costs of the Application.
Issued by:
Hayley Norton
Assistant Registrar
Date of issue: 18 March 2024
At: 11am
