AL Buhaira National Insurance Company v (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC [2023] DIFC CFI 098 (19 January 2023)

AL Buhaira National Insurance Company v (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC [2023] DIFC CFI 098 (19 January 2023)

The Claimant has a real prospect of success on appeal regarding entitlement to a permanent anti-suit injunction, which justifies both the grant of permission to appeal and the grant of an interim anti-suit injunction restraining the Defendants from continuing or commencing proceedings in Sharjah pending the outcome of the appeal.

Citation
[2023] DIFC CFI 098
Parties
Claimant/applicant: Al Buhaira National Insurance Company; Defendant/respondent: Horizon Energy LLC; Defendant/respondent: Al Buhaira International Shipping Inc
Jurisdiction
United Arab Emirates
Judgment Date
19 January 2023
Procedural Posture
Civil / Interlocutory Order on Permission to Appeal and Interim Anti Suit Injunction
Outcome
Permission to appeal granted; interim anti-suit injunction granted.
Legal Topics
Anti Suit Injunction, Jurisdiction, Interim Relief, Appeals
Civil Procedure Injunctions Conflict of Laws Anti Suit Injunction Jurisdiction Interim Relief Appeals

Case Brief

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Parties

Al Buhaira National Insurance Company

Claimant/applicant

Horizon Energy LLC

Defendant/respondent

Al Buhaira International Shipping Inc

Defendant/respondent

Procedural Posture

Civil / Interlocutory Order on Permission to Appeal and Interim Anti Suit Injunction

Legal Issues

  1. 1 Whether the Claimant is entitled to permission to appeal the previous order refusing a permanent anti-suit injunction
  2. 2 Whether the Claimant is entitled to an interim anti-suit injunction restraining the Defendants from continuing proceedings in Sharjah

Ratio Decidendi

The Claimant has a real prospect of success on appeal regarding entitlement to a permanent anti-suit injunction, which justifies both the grant of permission to appeal and the grant of an interim anti-suit injunction restraining the Defendants from continuing or commencing proceedings in Sharjah pending the outcome of the appeal.

Court Disposition

Permission to appeal granted; interim anti-suit injunction granted.

Orders

  • Permission to appeal the order of 9 November 2022 is granted.
  • Interim anti-suit injunction restraining the Defendants from continuing or commencing proceedings in Sharjah or elsewhere outside DIFC in relation to the dispute is granted.