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CFI 020/2016 Brookfield Multiplex Constructions llc v (1) DIFC Investments llc (2) Dubai International Financial Centre Authority

CFI 020/2016 Brookfield Multiplex Constructions llc v (1) DIFC Investments llc (2) Dubai International Financial Centre Authority

June 30, 2016

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Claim No:  CFI 020/2016

          THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

 

IN THE COURT OF FIRST INSTANCE

BEFORE JUSTICE SIR JEREMY COOKE

BETWEEN

 

BROOKFIELD MULTIPLEX CONSTRUCTIONS LLC

 

                                                                                                                                     Claimant

and

 

(1) DIFC INVESTMENTS LLC

(2) DUBAI INTERNATIONAL FINANCIAL CENTRE AUTHORITY

 

Defendants


ORDER OF JUSTICE SIR JEREMY COOKE


UPON the Claimant’s Application Notice CFI-020-2016/1 dated 16 June 2016 for an interim injunction (the “Claimant’s Application”) restraining the Defendants from continuing, prosecuting or assisting in the prosecution of certain proceedings in the Dubai Courts and from commencing proceedings before the Dubai Courts

AND UPON the Defendants’ Application Notice CFI-020-2016/2 dated 16 June 2016 disputing the jurisdiction of the DIFC Courts (the “Defendants’ Application”)

AND UPON reading the submissions and evidence recorded on the Court file

AND UPON hearing Counsel for the Claimant and Counsel for the Defendants on 22 June 2016 by way of videoconferencing and 27 June 2016 by way of telephone

IT IS HEREBY DECLARED THAT:

1.There is a binding arbitration agreement between the Claimant and the Defendants contained in the construction contract executed on 22 May 2003 which applies to the subject matter of the dispute which has given rise to the non-DIFC Dubai Court Proceedings.

AND IT IS HEREBY ORDERED THAT:

1. The Claimant’s Application is dismissed.

2. There shall be no order as to the Defendants’ Application.

3. The Claimant shall pay 75% of the Defendants’ costs of the Claimant’s Application and of the Defendants’ Application, subject to detailed assessment if not agreed.

 

Issued by:

Natasha Bakirci

Assistant Registrar

Date: 30 June 2016

At: 4pm

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