Skip to Content

CFI 044/2012 – Consent Order

CFI 044/2012 – Consent Order

December 18, 2012

image_pdfimage_print

Claim No: CFI 044/2012

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

(1) AAM HOLDING LIMITED
(2) MAHMOOD MOHAMAD RAHMAN AL ANSARI
Claimants
and

 

(1) FIRST CAPITAL OF SWITZERLAND INVESTMENT BANK LIMITED
(2) FIRST CAPITAL OF SWITZERLAND LIMITED
(3) ABDULRAHMAN AL ANSARI
(4) ANTHONY D’ANIELLO

Defendants

CONSENT ORDER DATED 18 DECEMBER 2012

UPON this Court having heard on short notice an application for an interim injunction dated 29 November 2012, brought by the Applicants in Case No: CFI 043/2012;

AND UPON H.E. Justice Omar AI Muhairi having granted the Applicants in Case No: CFI 043/2012 an interim injunction by order dated 29 November 2012;

AND UPON the Applicants in Case No: CFI 043/2012 having paid the sum of UAE 18,390,000 into court on 1 December 2012;

AND UPON The Applicants in Case No CFI 043/2012 having filed a claim form in Claim No. CFI 044/2012;

AND UPON the Applicants in Case No CFI 043/2012 having issued a Notice of Dispute dated 10 December 2012;

AND UPON the Applicants in Case No CFI 043/2012 having filed with the DIFC-LCIA Arbitration Centre a Request for Arbitration dated 10 December 2012;

AND UPON there being Arbitral Proceedings in the DIFC-LCIA Arbitration Centre with Case No: D-L 12021;

AND UPON the Respondents to the Injunction Order made on 29 November 2012 not opposing its continuation on the terms set out in the Varied Order attached to this Consent Order;

IT IS ORDERED BY CONSENT THAT:

1. The Injunction Order dated 29 November 2012 is to continue on the terms as made by H.E. Justice Omar Al Muhairi, save for the amendments indicated in the Varied Order as attached to this Consent Order.

 

2. The first, third, fourth and fifth respondents to the Injunction Application made in Claim No: CFI 043/2012 be removed as parties to Injunction Order made 29 November 2012.

 

3. Proceedings in Claim No: CFI 044/2012 be stayed until 14 days after the resolution or final determination of:

 

a. The Arbitral Proceedings with case No: D-L 12021; and

 

b. The Notice of Dispute dated 10 December 2012; and

c. The Request for Arbitration filed with the DIFC-LCIA dated 10 December 2012; and

 

d. Any Arbitral proceedings arising out of the Request for Arbitration filed with the DIFC-LCIA dated 10 December 2012,
or further order.
4. The return date listed for the 19 December 2012 in Claim No: CFI 043/2012 be vacated.

 

5. Costs reserved.

Issued by:
Registrar
Mark Beer
Date of issue: 20 December 2012
At: 4.30 pm

X

Privacy Policy

The Dispute Resolution Authority and all its affiliates are committed to preserve the confidentiality, integrity and availability of client data and personal information.

Dispute Resolution Authority and all its affiliates employees, vendors, contract workers, shall follow Information Security Management System in all the processes and technology.

  1. DRA's Top Management is committed to secure information of all our interested parties.
  2. Information security controls the policies, processes, and measures that are implemented by DRA in order to mitigate risks to an acceptable level, and to maximize opportunities in order to achieve its information security objectives.
  3. DRA and all its affiliates shall adopt a systematic approach to risk assessment and risk treatment.
  4. DRA is committed to provide information security awareness among team members and evaluate the competency of all its employees.
  5. DRA and all its affiliates shall protect personal information held by them in all its form.
  6. DRA and all its affiliates shall comply with all regulatory, legal and contractual requirements.
  7. DRA and all its affiliates shall provide a comprehensive Business Continuity Plan encompassing the locations within the scope of the ISMS.
  8. Information shall be made available to authorised persons as and when required.
  9. DRA’s Top Management is committed towards continual improvement in information security in all our processes through regular review of our information security management system.