Qatar Judgment

Re RTI Limited (In Liquidation)

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Professional case brief

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Source document

01

Holding and result

The Court refused permission to appeal because Al Plus had no standing to challenge the First Instance Circuit's order under article 163, which merely recognised the Joint Liquidators in the jurisdiction and enabled them to bring proceedings; any dispute involving article 168 would arise only in a separate application against Al Plus.

Court disposition

Permission to appeal refused; application declared totally without merit.

Orders

  • The application for permission to appeal is refused.
  • The Court declares that the application is totally without merit.
  • The application for counsel to make oral submissions is refused.

02

Material facts

Parties

Al Plus Holding LLC

Applicant Counsel: Omani & Partners LLP (Doha, Qatar)

Mr James Pirie and Mr Alan Roberts, in their capacity as Joint Liquidators of RTI Limited (in liquidation)

Respondent

03

Procedural history

  1. Posture

    Application for Permission to Appeal / Appellate Division

04

Questions and positions

Legal issues

Party arguments

Applicant
Al Plus sought permission to appeal against the First Instance Circuit's article 163 recognition order and asked the Court to review the Registry's statement that it lacked standing; it also sought permission for counsel to make oral submissions.

05

Court’s reasoning

  1. 01

    Judgment, paras. 3-5

    An order under article 163 of the QFC Insolvency Regulations 2005 that merely recognises foreign insolvency proceedings and enables the liquidators to bring proceedings is not open to challenge by a party without standing.

  2. 02

    Judgment, para. 5

    If an application is made against Al Plus under article 168, it is for the First Instance Circuit to hear that application and Al Plus's submissions on it.

06

Ratio, limits and disposition

Ratio decidendi

The Court refused permission to appeal because Al Plus had no standing to challenge the First Instance Circuit's order under article 163, which merely recognised the Joint Liquidators in the jurisdiction and enabled them to bring proceedings; any dispute involving article 168 would arise only in a separate application against Al Plus.

Obiter and limits

  • The Registry's advice that Al Plus lacked standing should have been followed by Omani & Partners LLP.
  • Lawyers and particularly the partner in charge of the litigation should think long and hard before making an application in such circumstances.
  • There was no proper basis for the application for counsel to make oral submissions.

Court disposition

Permission to appeal refused; application declared totally without merit.

  • The application for permission to appeal is refused.
  • The Court declares that the application is totally without merit.
  • The application for counsel to make oral submissions is refused.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

Judgment

In the name of His Highness Sheikh Tamim bin Hamad Al Thani, Emir of the State of Qatar Neutral Citation: [2026] QIC (A) 11

IN THE QATAR FINANCIAL CENTRE

CIVIL AND COMMERCIAL COURT

APPELLATE DIVISION [On appeal from [2026] QIC (F) 15] Date: 9 June 2026 CASE NO: CTFIC0015/2026 RE MR JAMES PIRIE AND MR ALAN ROBERTS, IN THEIR CAPACITY AS JOINT LIQUIDATORS OF RTI LIMITED (IN LIQUIDATION)

AND

AL PLUS HOLDING LLC

JUDGMENT Applicant Before: Lord Thomas of Cwmgiedd, President Justice Sir William Blair Justice Dr Hassan Al-Sayyed --- Order 1. The application for permission to appeal is refused.

2. The Court declares that the application is totally without merit. Judgment 1. Al Plus Holdings LLC (‘Al Plus’) is a QFC company which is part of a large international group of companies producing and trading in aluminum, the Rusal Group, of which the ultimate parent is the Russian company, United Company Rusal International PSC. Al Plus seeks to appeal against an Order of the First Instance Circuit (Justice Fritz Brand; [2026] QIC (F) 15) made on 7 May 2026 in proceedings brought by Messrs James Pirie and Alan Roberts in their capacity as Joint Liquidators of RTI Limited (In Liquidation) (‘RTI’). Al Plus made the application for permission in an email dated 30 May 2026 accompanied by written submissions signed by a Partner and an Associate in Omani & Partners LLP (‘Omani’), Doha.

2. Subsequently, a further request to this Court was made in a further email to the Registry dated 2 June 2026 from the Associate to Omani. It requested that this Court review the Registry’s statement to them on the issue of Al Plus’s standing to bring the application for permission to appeal. We will treat both emails as an application for permission as that is the procedure whereby challenges are made to decisions of the First Instance Circuit.

3. The Order made by the First Instance Circuit, as carefully and clearly explained by the First Instance Circuit in reasons given on 10 May 2026, was an Order under article 163 of the QFC Insolvency Regulations 2005 (the ‘Regulations’) which recognised the proceedings 2 in Jersey under which Mr Pirie and Mr Roberts were appointed Joint Liquidators of RTI, a Jersey company also part of the Rusal Group.

4. The Order simply accorded recognition. In the judgment, which explained the reasons why recognition had been sought, the First Instance Circuit explained that the sole shareholder of RTI was Al Plus; that the liquidators had sought the co-operation of the sole director of Al Plus; and that he had made clear he wanted the authority of the Joint Liquidators to be properly recognised in Qatar. The judgment also explained that the Joint Liquidators would then be in a position to make an application under article 168 of the Regulations, if cooperation was not forthcoming.

5. We refuse the application to appeal against the Order made under article 163. It is totally without merit. Al Plus has no standing to challenge the Order made under article 163. The Order is simply an Order that recognises the Joint Liquidators in this jurisdiction and enables them to bring proceedings. If an application is specifically made against Al Plus under article 168, then it will be for the First Instance Circuit to hear that application and the submissions which Al Plus wish to make on the application under article 168.

6. The Registry told Omani that Al Plus had no standing to bring any application for permission to appeal. Omani should have taken that advice but they did not. The Registry tries in each case to assist litigants before this Court in an impartial way. Lawyers and particularly the partner in charge of the litigation should think long and hard before making an application to the Court in such circumstances.

7. We also refuse the application for counsel to make oral submissions; we regret to have to observe that there was no proper basis on which this further application should ever have been advanced. 3 By the Court, [signed] Lord Thomas of Cwmgiedd, President A signed copy of this Judgment has been filed with the Registry. Representation The Applicant was represented by Omani & Partners LLP (Doha, Qatar). 4

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

[2026] QIC (F) 15

Case cited

article 163 of the QFC Insolvency Regulations 2005

Legislation

Legislation referenced in the available case record.

article 168 of the QFC Insolvency Regulations 2005

Legislation

Legislation referenced in the available case record.

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