March 03, 2021 Arbitration - Orders
Claim No. ARB 006/2021
THE DUBAI INTERNATIONAL FINANCIAL CENTER COURTS
IN THE COURT OF FIRST INSTANCE
(1) MEDIMPACT INTERNATIONAL LLC
(2) MEDIMPACT INTERNATIONAL HK LIMITED
(1) DIMENSIONS HEALTHCARE LLC
(2) MEDIMPACT ARABIA LIMITED
ORDER OF H.E JUSTICE SHAMLAN AL SAWALEHI
IF YOU DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE FINED, IMPRISONED, OR HAVE YOUR ASSETS SEIZED.
ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE DEFENDANTS TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE FINED, IMPRISONED, OR HAVE THEIR ASSETS SEIZED (RDC 48.17)
UPON the Claimants’ Application dated 11 February 2021 (the “Application”)
AND UPON reviewing the First Witness Statement of Ms. Sheila L. Shadmand dated 11 February 2021
AND UPON reviewing the Partial Final Arbitral Award on Liability (the “Partial Award”) dated 16 April 2019, the Procedural Order No. 10 dated 16 April 2019, and the Final Arbitral Award and Final Injunction (the “Final Award & Injunction”)(together, the “Awards”) dated 24 July 2019 in the underlying arbitral proceedings between the Claimants and the Defendants (the “Arbitration”) conducted pursuant to the arbitration agreement contained in the Joint Venture Agreement (the “JVA”) and the Services and License Contract (the “SLC”) dated 1 February 2012 between the Claimants and the Defendants
AND UPON reviewing redacted versions of the Awards that were agreed by the Parties to be non-confidential and have therefore been publicly filed in proceedings in the Cayman Islands and in California (the “Redacted Awards”)
AND UPON the Rules of the DIFC Court (“RDC”)
IT IS HEREBY DECLARED THAT:
1. On 8 August 2019 the First Defendant paid the Claimants, all monetary relief owed and awarded to the Claimants under the Awards, including damages, legal costs, arbitration costs, and simple interest, ordered against the First Defendant by the Tribunal in the Final Award & Injunction.
IT IS HEREBY ORDERED THAT:
2. The Awards shall be recognised as binding within the DIFC and shall be enforced in the same manner as a judgment or order of the DIFC Courts pursuant to Article 42(1) and Article 43(1) of the DIFC Arbitration Law No. 1 OF 2008 and Article 24 of the DIFC Court Law No. 10 of 2004.
3. Judgment is hereby entered in the terms of the Partial Award.
4. Judgment is also hereby entered in the terms of the Final Award & Injunction.
5. The costs of this application are reserved.
6. Pursuant to RDC 43.70(1), either of the Defendants may apply to set aside this Order within 14 days of being served with this Order.
7. Pursuant to RDC 43.70(2), this Order may not be enforced until after: (a) the end of the period set out in paragraph 6 above; or (b) the final disposal of any application made within that period by any of the Defendants to set aside this order.
AND IT IS HEREBY DECLARED THAT:
8. This Order and Judgment and the underlying Redacted Awards shall be published in accordance with RDC 43.39, 43.41(2), 43.42(2), 43.42(3)(a) and 43.42(3)(b). The Defendants and Claimants have agreed to a redacted version of the Awards that is non-confidential. The Redacted Awards have already been filed publicly or are publicly available in proceedings in the State of California in the United States (MedImpact Healthcare Systems, Inc. et al. v. IQVIA Holdings Inc. et al., Case No. 3:19-cv-01865-GPC-DEB (S.D. Cal.) (Dkt Nos. 151-4 and 170)) and in the Cayman Islands (FSD 191 of 2019 (RMJ) - In the Matter of MedImpact Arabia Limited (Cayman Islands), Exhibit LBS-1 to the First Affidavit of Luke Burgess-Shannon, dated Nov. 4, 2020).
9. In accordance with RDC 43.42(3)(a) and (b), the Court is therefore satisfied that the Redacted Awards may be published in the DIFC because they would not reveal any matter that has not already been made public nor would they reveal any matter (including the identity of any party) that any party reasonably wishes to remain confidential. Therefore, this Order and the Redacted Awards shall also be made public on the DIFC Courts docket.
Date of Issue: 3 March 2021
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