Qatar Investment and Projects Development Holding Co v Phoenix Ancient Art S.A. & Ors

Qatar Investment and Projects Development Holding Co v Phoenix Ancient Art S.A. & Ors

The Phoenix Defendants deliberately and seriously breached their disclosure obligations, making a fair trial impossible and justifying the striking out of their defences and debarring them from participating in the proceedings. With no defence, summary judgment is appropriate. The Fourth Defendant failed to engage with the proceedings and is also liable to summary judgment. The Claimants are entitled to an anti-suit injunction and damages for breach of exclusive jurisdiction clauses, as the Defendants have no real prospect of defending those claims.

Parties
Claimant: Qatar Investment and Projects Development Holding Co (QIPCO); Claimant: His Highness Sheikh Hamad Bin Abdullah Al Thani; Defendant: Phoenix Ancient Art S.A.; Defendant: Ali Aboutaam; Defendant: Hicham Aboutaam; Defendant: Roland Ansermet; Defendant: Petrarch LLC d/b/a Electrum
Jurisdiction
England and Wales
Judgment Date
04 November 2025
Procedural Posture
Civil (commercial/fraud/misrepresentation) / Judgment on Applications for Strike Out, Debarring Order, Summary Judgment, and Anti Suit Injunction
Outcome
Summary judgment granted for the Claimants; Defendants' defences struck out; Phoenix Defendants debarred from defending; anti-suit injunction and damages ordered.
Legal Topics
Disclosure, Summary Judgment, Fraud, Misrepresentation, Breach of Contract, Anti Suit Injunction, Jurisdiction Clauses
Civil Procedure Commercial Law Contract Law Tort Law Disclosure Summary Judgment Fraud Misrepresentation +3 more

Case Brief

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Parties

Qatar Investment and Projects Development Holding Co (QIPCO)

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

Petrarch LLC d/b/a Electrum

Defendant

Procedural Posture

Civil (commercial/fraud/misrepresentation) / Judgment on Applications for Strike Out, Debarring Order, Summary Judgment, and Anti Suit Injunction

Legal Issues

  1. 1 Whether the Phoenix Defendants should be debarred from defending the 2023 proceedings and have their defences struck out for failure to give disclosure
  2. 2 Whether summary judgment should be entered against the Phoenix Defendants and the Fourth Defendant in the 2023 and 2020 actions
  3. 3 Whether the Claimants are entitled to an anti-suit injunction and damages for breach of exclusive jurisdiction clauses

Ratio Decidendi

The Phoenix Defendants deliberately and seriously breached their disclosure obligations, making a fair trial impossible and justifying the striking out of their defences and debarring them from participating in the proceedings. With no defence, summary judgment is appropriate. The Fourth Defendant failed to engage with the proceedings and is also liable to summary judgment. The Claimants are entitled to an anti-suit injunction and damages for breach of exclusive jurisdiction clauses, as the Defendants have no real prospect of defending those claims.

Court Disposition

Summary judgment granted for the Claimants; Defendants' defences struck out; Phoenix Defendants debarred from defending; anti-suit injunction and damages ordered.

Orders

  • First, Second and Third Defendants debarred from defending the 2023 proceedings and their defences struck out.
  • Summary judgment against the First, Second, Third and Fourth Defendants in the 2023 action.