July 14, 2022 COURT OF FIRST INSTANCE - ORDERS
Claim No. CFI 088/2019
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
1. AL SOOR INVESTMENTS LLC
2. AL BARAKA INVESTMENTS LLC
3. SARI INVESTMENTS LLC
Claimants
and
1. JULIUS BAER (MIDDLE EAST) LIMITED
2. BANK JULIUS BAER & CO. LTD
3. EMAD ODEH
4. NICO TSCHUI
Defendants
CONSENT ORDER
UPON the filing and service on the Defendants of the Claimants’ Application No CFI-088-2019/1 with supporting witness statement from Sara Sheffield dated 12 December 2019 for pre-action disclosure against the Defendants (the “Pre-Action Disclosure Application”)
AND UPON the filing and service on the Claimants of the Second, Third and Fourth Defendants' Application No. CFI-088-2019/3 disputing the Court’s jurisdiction to decide the Disclosure Application or, in the alternative, arguing that the Court should not exercise its jurisdiction filed 30 November 2020 (the “Jurisdiction Application”)
AND UPON hearing leading counsel for the Respondents and for the Applicants at the hearing of the Jurisdiction Application on 9 March 2021
AND UPON the Order of His Excellency Justice Ali Al Madhani dated 2 March 2022
AND UPON reviewing email correspondence to the DIFC Courts Registry from the parties’ legal representatives with respect to the terms set out in this Order
AND UPON the parties having agreed to the terms set out in this Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1. Pursuant to the Court’s case management powers in Part 4 of the Rules of the DIFC Courts (the “RDC”), the timetable for the Claimants’ Pre-Action Disclosure Application and remaining issues in the Jurisdiction Application (if any) to be heard is as follows:
a. The Claimants shall confirm by 4pm on 22 July 2022 whether they wish to file any additional evidence in support of their application and, if so, file that evidence.
b. The Defendants shall file and serve their evidence in answer to the Pre-Action Disclosure Application (if any) by 4pm on 2 September 2022.
c. The Claimants shall file and serve their evidence in reply (if any) by 4pm on 16 September 2022.
d. All other steps are to be under the video conferencing timetable for a heavy application under RDC 23.64(2).
e. A one-day hearing of the Pre-Action Disclosure Application and remaining issues in the Jurisdiction Application (if any) shall be listed for the earliest date (subject to the Court’s availability) in the parties’ agreed windows of availability for the hearing, namely 11 to 14 October 2022 and 17 to 21 October 2022.
2. Costs shall be costs in the case.
3. The parties shall have liberty to apply.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of Issue: 14 July 2022
At: 3pm
