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You are here: BAILII >> Databases >> The Dubai International Financial Centre >> YYY Limited v ZZZ Limited [2017] DIFC ARB 005 (02 July 2017) URL: http://www.bailii.org/ae/cases/DIFC/2017/arb_005.html Cite as: [2017] DIFC ARB 005, [2017] DIFC ARB 5

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YYY Limited v ZZZ Limited [2017] DIFC ARB 005

July 02, 2017 Arbitration - Orders

Claim No: ARB 005/2017

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

Court

IN THE COURT

Court

OF FIRST INSTANCE
BEFORE JUSTICE SIR RICHARD FIELD

BETWEEN

YYY LIMITED

Claimant

Claimant

and

ZZZ LIMITED

Defendant

Defendant

---

RULING AND DECLARATION OF JUSTICE SIR RICHARD FIELD

---

UPONthe Defendant’s application to the Joint Judicial Committee under Article 5 of Decree 19 of 2016 (“Decree 19”) dated 29 June 2017

AND UPONhearing Counsel for the Claimant at a hearing on 30 June 2017

AND UPONthe Claimant contending that: (a) a stay

Stay

under Decree 19 does not prevent the court

Court

from making an order ancilliary to the Court

Court

’s order of 22 June 2017 (“the original order”); (b) the Defendant had irrevocably submitted to the jurisdiction

Jurisdiction

of the Court at the hearing on 24 June 2016 by its Counsel expressly accepting that the Court had jurisdiction to grant the original order by virtue of Article 17.1 of the Management Agreement that provides that the DIFC

DIFC

shall be the seat of any arbitration conducted under that provision; and (c) the Defendant had improperly abused the machinery provided under Decree 19 to bring a question of jurisdiction to the Joint Committee by lodging a claim that was hopelessly unsustainable and presented for the improper motive of achieving delay.

AND UPONthe Claimant applying for an order that the original order shall be suspended until the conclusion of a hearing at a return date to be listed and that the Defendant in the meantime be ordered until the return date, inter alia, to reinstate the YYY signage and branding in the YYY (the “YYY”) and to provide the former Acting General Manager with such assistance as he reasonably requires to act as the General Manager of the YYY subject to any contrary direction issued by, inter alios, the Dubai Department of Economic Development and the Dubai Department of Tourism and Commerce Marketing

AND UPONit being accepted that in the events that had happened a stay pursuant to Article 5 of Decree 19 was in operation

AND UPONthe Court declining to make the order sought by the Claimant by reason of the said stay

THE COURT OF ITS OWN MOTION HEREBY DECLARES THAT:

1. By reason of the said stay, no order could or would be made by the Court consequent on the hearing conducted on Wednesday 28 June 2017.

2. The interim order made following the hearing on 24 June 2017 suspending the original order until the hearing conducted on Wednesday 28 June 2017 lapsed upon the completion of that hearing.

3. By reason of (1) and (2), the original order is no longer suspended and the return date referred to in that order is adjourned generally pending a decision of the Joint Committee on whether the Court has jurisdiction.

Issued by:
Maha Al Mehairi
Judicial Officer
Date of issue: 2 July 2017
At: 10am