Nimer v United Al Saqer Group LLC & Ors

Nimer v United Al Saqer Group LLC & Ors

The claimant failed to demonstrate, on cogent and objective evidence, either a real risk of not receiving a fair trial in Abu Dhabi or well-founded reasons for not bringing his claim there. Abu Dhabi is the natural and appropriate forum, and the evidence does not support the claimant's allegations of impropriety or risk. The claim against the fifth defendant is stayed and the order for service out of jurisdiction on the other defendants is set aside.

Parties
Claimant: Ahmad Abdel Rahman Nimer; First Defendant: United Al Saqer Group LLC; Second Defendant: H. E. Sheikh Mohammed Bin Butti Al Hamed; Third Defendant: The Private Office of H. E. Sheikh Mohammed Bin Butti Al Hamed; Fourth Defendant: Sheikh Saif Bin Mohammed Bin Butti Al Hamed; Fifth Defendant: Sheikh Zayed Bin Mohammed Bin Butti Al Hamed; Sixth Defendant: Sheikh Abdalla Bin Mohammed Bin Butti Al Hamed
Jurisdiction
England and Wales
Judgment Date
18 January 2021
Procedural Posture
Civil (employment/contract) / Interlocutory Application—stay and Setting Aside Service Out of Jurisdiction
Outcome
Claim against the fifth defendant stayed; order for service out of jurisdiction on other defendants set aside; court declines jurisdiction over remaining defendants.
Legal Topics
Forum Non Conveniens, Jurisdiction, Stay of Proceedings, Service Out of Jurisdiction, Employment Contract, Duress and Undue Influence
Civil Procedure Employment Law Private International Law Forum Non Conveniens Jurisdiction Stay of Proceedings Service Out of Jurisdiction Employment Contract +1 more

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Parties

Ahmad Abdel Rahman Nimer

Claimant

United Al Saqer Group LLC

First Defendant

H. E. Sheikh Mohammed Bin Butti Al Hamed

Second Defendant

The Private Office of H. E. Sheikh Mohammed Bin Butti Al Hamed

Third Defendant

Sheikh Saif Bin Mohammed Bin Butti Al Hamed

Fourth Defendant

Sheikh Zayed Bin Mohammed Bin Butti Al Hamed

Fifth Defendant

Sheikh Abdalla Bin Mohammed Bin Butti Al Hamed

Sixth Defendant

Procedural Posture

Civil (employment/contract) / Interlocutory Application—stay and Setting Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the claim against the fifth defendant should be stayed on grounds of forum non conveniens
  2. 2 Whether the order granting permission to serve proceedings out of the jurisdiction on the other defendants should be set aside
  3. 3 Whether England is the appropriate forum for the trial of the dispute

Ratio Decidendi

The claimant failed to demonstrate, on cogent and objective evidence, either a real risk of not receiving a fair trial in Abu Dhabi or well-founded reasons for not bringing his claim there. Abu Dhabi is the natural and appropriate forum, and the evidence does not support the claimant's allegations of impropriety or risk. The claim against the fifth defendant is stayed and the order for service out of jurisdiction on the other defendants is set aside.

Court Disposition

Claim against the fifth defendant stayed; order for service out of jurisdiction on other defendants set aside; court declines jurisdiction over remaining defendants.

Orders

  • Stay of proceedings against the fifth defendant (Sheikh Zayed Bin Mohammed Bin Butti Al Hamed)
  • Order granting permission to serve out of jurisdiction on other defendants set aside