September 13, 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
CONSENT ORDER
UPON reviewing the Defendant’s Application No. CFI-114-2020 dated 14 July 2022 (the "Application")
AND UPON reviewing the documents filed in support of the Application
AND UPON reviewing the Claimant's evidence in answer dated 29 July 2022
AND UPON the Parties having agreed to the terms set forth in this Order
IT IS HEREBY ORDERED BY CONSENT THAT:
1. The Claimant shall, by 22 September 2022, carry out a reasonable search to locate all the Documents (as defined in RDC 28.1 and RDC 28.2) responsive to the requests listed in Schedule 1 to this Order, within their possession, custody and/or control and provide inspection of the Documents to the Defendant/Applicant.
2. The Claimant shall file and serve an affidavit from the Claimant or its solicitor when providing the Documents produced pursuant to paragraph 1 above which:
(a) States whether any of the documents are no longer in the possession, custody and /or control of the Claimant (and why); and
(b) Sets out the categories of documents have been produced in accordance with paragraph 1 and which have not.
3. The Documents and affidavit produced pursuant to paragraphs 1 and 2 above shall be provided to the Defendant on or before 22 September 2022.
4. The Defendant shall raise any issues with the scope of the document production no later than 29 September 2022.
5. The further directions set out in the Case Management Order dated 18 April 2022 are suspended pending further order of the Court.
6. There shall be a Case Management Conference to be listed before the Registrar not before 10 October 2022 (time estimate of 2 hours).
7. Costs of the Application shall be in the Case.
Issued by:
Ayesha Bin Kalban
Deputy Registrar
Date of Issue: 13 September 2022
At: 12pm
SCHEDULE
1. All documents which relate to Payment Certificates 1 to 11 including:
(a) The Payment Request submitted to the Contract Administrator (with any supporting documentation);
(b) Any communications between the Claimant and the Contract Administrator regarding the Payment Certificate.
2. All documents which relate to any request for an extension of time for completion of the works including:
(a) Any request for an extension of time (whether formal or informal);
(b) Any documents in which an extension of time was discussed;
(c) Any decision of the Contract Administrator in which an extension of time was granted or refused.
3. Documents which evidence the Claimant’s planned and actual programme (including the programme submitted with the contract and any revisions to the programme, whether or not formally submitted as amendments to the contract programme).
4. All documents which relate to any request for a variation including:
(a) Any request for a variation (whether formal or informal);
(b) Any documents in which a potential variation was discussed;
(c) Any decision of the Contract Administrator in which a variation was granted or refused.