April 18, 2022 court of first instance - Orders
Claim No: CFI 114/2020
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
INTERNATIONAL ELECTRO-MECHANICAL SERVICES CO (LLC)
Claimant
and
EMIRATES SPECIALTY HOSPITAL FZ-LLC
Defendant
AGREED CASE MANAGEMENT ORDER
UPON the Rules of the DIFC Courts (“RDC”)
AND UPON the Parties’ agreement to the terms of this Order
IT IS HEREBY ORDERED, BY CONSENT, THAT:
Agreed List of Issues
1. Adjacent to each paragraph of each witness statement, reply witness statement (if any) and skeleton argument shall be inserted the issue or issues to which that paragraph relates as numbered in the Agreed List of Issues, in order for the Court to understand to which of the agreed issues that paragraph relates.
Production of Documents (RDC Part 28)
2. Standard production of documents shall be made by each party by 4pm on 20 May 2022.
3. The parties shall file and serve a Request to Produce, if any, by 4pm on 10 June 2022.
4. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 21 days from the date of the Request to Produce, and in any event by 4pm on 1 July 2022.
5. Objections to Requests to Produce, if any, shall be filed and served within 7 days thereafter and in any event by 4pm on 24 June 2022.
6. If a party is not satisfied with the objections to any Requests to Produce1 it may apply to the Court for a Document Production Order using the Part 23 form (the “Document Production Application”). The usual timelines under RDC 23, for progression of such an application, will apply.
7. Once the Document Production Application is fully progressed, the matter will be put before the Court for determination.
8. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 21 days of the date of the Disclosure Order.
Witness Statements (RDC Part 29)
9. Witness Statements in support of the Claimant’s case shall be submitted by 4pm on 2 September 2022 and Witness Statements in support of the Defendant’s case shall be submitted by 4pm on 16 September 2022.
10. Any Witness Statement evidence in reply shall, if so advised, be filed and served by 4pm on 30 September 2022.
11. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.
Expert Evidence
12. Any application to rely on expert evidence should be made as soon as practicable following document production and, in any event, by 4pm on 2 September 2022.
Pre-Trial Review (RDC Part 26)
13. A pre-trial review shall be listed at 10 am on 14 October 2022, being within the normal range of 4 to 8 weeks before trial.
Trial Bundles (RDC Part 35)
14. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.
Reading List and Trial Timetable (RDC Part 35)
15. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than two clear days before trial.
Skeleton Argument and Chronology (RDC Part 35)
16. Skeleton Arguments and Written Opening Statements shall be filed and exchanged simultaneously by 4pm on 14 November 2021.
17. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by no later than 4 four clear days before the start of the trial. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.
Trial (RDC Part 35)
18. The trial of this matter shall commence at 11 am on 21 November 2022 with an estimated trial length of three (3) to four (4) days, to be fixed at the Pre-Trial Review.
List of Issues (RDC part 26.9 (3))
19. The following issues require determination at trial:
a. What sum, if any, was due and owing to the Claimant by the Defendant when the Addendum was signed?
b. Is the Addendum a settlement agreement in breach of the Hospital Management Agreement or an amendment to the Contract that acknowledges a pre-existing debt?
c. If the Addendum constituted an acknowledgement of a pre-existing debt, whether the sum of AED 53,188,301.66 is now due by the Defendant to the Claimant?
d. If Mr Atari did not have actual authority under the Hospital Management Agreement, did he have such authority by virtue of Article 25 of UAE Federal Law No 2 of 2015 on Commercial Companies?
e. If the Addendum constituted a settlement agreement in breach of the Hospital Management Agreement, is the Agreement nevertheless binding on the Defendant?
f. If the Addendum is not enforceable, is the sum of AED 53,188,301.66 or any other sum due and owing to the Claimant?
Costs
20. Costs of the Case Management Order are costs in the case.
21. The parties shall have liberty to apply.
Issued by:
Nour Hineidi
Registrar
Date of Issue: 18 April 2022
At: 3pm
