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Claim No: CFI 086/2020

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

BARCLAYS BANK PLC

Claimant

and

HIS EXCELLENCY HAMAD SUHAIL. O. AL KHAILI

Defendant

ORDER OF H.E JUSTICE ALI AL MADHANI

UPON the Claimant’s Part 8 claim issued on 20 October 2020 seeking a declaration from the Court that the DIFC Court has exclusive jurisdiction over the matters brought before the Abu Dhabi Courts by the First Defendant under Case Nos. 3569/2020 and 3596/2020 which are appeals in respect of Case No. 1486/2019 (the “First Declaration Sought”) (the “Dispute Referred to the Abu Dhabi Courts”) and the dispute between the parties as particularised in the Particulars of Claim in this action (the “Second Declaration Sought”) (the “Dispute Referred to the DIFC Courts”) (the “Application”)

AND UPON reviewing the judgment of the Abu Dhabi Court of First Instance dated 16 October 2019, the judgment of the Abu Dhabi Court of Appeal dated 28 January 2020, the judgment of the Abu Dhabi Court of Cassation dated 14 September 2020 and the judgment of the Abu Dhabi Court of Appeal on the merits of the Dispute Referred to the Abu Dhabi Courts (the “Abu Dhabi Judgment”)

IT IS HEREBY ORDERED AND DECLARED THAT:

1. In respect of the Second Declaration Sought, the DIFC Court has exclusive jurisdiction over the Dispute Referred to the DIFC Courts pursuant to Article 5(A)(1)(a), Article 5(A)(1)(b) and Article 5(A)(2) of Dubai Law No. 12 of 2004, being the Judicial Authority at Dubai International Financial Centre, as amended (the “JAL”).

2. The DIFC Court had exclusive jurisdiction over the Dispute Referred to the Abu Dhabi Courts pursuant to Article 5(A)(1)(a), Article 5(A)(1)(b) and Article 5(A)(2) of the JAL.

3. The First Declaration sought shall not be made on the basis that the Abu Dhabi Judgment is a “final judgment” and the Abu Dhabi Courts are “another court” for the purposes of Article 5(A)(4) of the JAL and therefore, under that provision, the DIFC Court’s jurisdiction over the Dispute Referred to the Abu Dhabi Courts is precluded.

4. The Claimant shall bear the costs of the Application.

5. Reasons to follow.

Issued by:
Nour Hineidi
Deputy Registrar
Date of Issue: 30 November 2020
Time: 7.30pm