Qatar Investment and Projects Development Holding Co & Anor v Phoenix Ancient Art SA & Ors

Qatar Investment and Projects Development Holding Co & Anor v Phoenix Ancient Art SA & Ors

The New Action is not liable to be struck out or summarily dismissed as it discloses reasonable causes of action, is not clearly time barred due to arguable fraud and concealment, and is not an abuse of process given the procedural history and differences from the First Alexander Action. An interim anti-suit injunction is granted to restrain the New York proceedings as they are in breach of exclusive jurisdiction clauses. Relief from sanctions is granted to the Defendants on 'unless' terms for future compliance.

Parties
Claimant: Qatar Investment and Projects Development Holding Co.; Claimant: His Highness Sheikh Hamad bin Abdullah Al Thani; Defendant: Phoenix Ancient Art S.A.; Defendant: Ali Aboutaam; Defendant: Hicham Aboutaam; Defendant: Roland Ansermet
Jurisdiction
England and Wales
Judgment Date
06 April 2024
Procedural Posture
Civil (commercial) / Interlocutory Applications (strike Out/summary Judgment, Anti Suit Injunction, Relief From Sanctions)
Outcome
Defendants' application to strike out or for summary judgment dismissed; interim anti-suit injunction granted; permission to amend and serve out granted; relief from sanctions granted on terms.
Legal Topics
Breach of Contract, Misrepresentation, Fraud, Limitation of Actions, Abuse of Process, Anti Suit Injunctions, Jurisdiction Clauses, Relief From Sanctions
Contract Civil Procedure Private International Law Breach of Contract Misrepresentation Fraud Limitation of Actions Abuse of Process +3 more

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Parties

Qatar Investment and Projects Development Holding Co.

Claimant

His Highness Sheikh Hamad bin Abdullah Al Thani

Claimant

Phoenix Ancient Art S.A.

Defendant

Ali Aboutaam

Defendant

Hicham Aboutaam

Defendant

Roland Ansermet

Defendant

Procedural Posture

Civil (commercial) / Interlocutory Applications (strike Out/summary Judgment, Anti Suit Injunction, Relief From Sanctions)

Legal Issues

  1. 1 Whether the New Action should be struck out or summarily dismissed for disclosing no reasonable cause of action or as an abuse of process
  2. 2 Whether the New Action is time barred under the Limitation Act 1980
  3. 3 Whether the New Action is an abuse of process due to re-litigation after the First Alexander Action was struck out

Ratio Decidendi

The New Action is not liable to be struck out or summarily dismissed as it discloses reasonable causes of action, is not clearly time barred due to arguable fraud and concealment, and is not an abuse of process given the procedural history and differences from the First Alexander Action. An interim anti-suit injunction is granted to restrain the New York proceedings as they are in breach of exclusive jurisdiction clauses. Relief from sanctions is granted to the Defendants on 'unless' terms for future compliance.

Court Disposition

Defendants' application to strike out or for summary judgment dismissed; interim anti-suit injunction granted; permission to amend and serve out granted; relief from sanctions granted on terms.

Orders

  • Defendants' application to strike out or for summary judgment in the New Action dismissed
  • Interim anti-suit injunction granted restraining pursuit of the New York Action against QIPCO until trial or further order