AL Buhaira National Insurance Company v (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC [2023] DIFC CA 015 (13 January 2023)
The parties agreed by consent to file and exchange additional written submissions by a specified date, with no order as to costs. The underlying jurisdictional and procedural issues remain to be determined following further submissions.
Source-derived case information.
- Citation
- [2023] DIFC CA 015
- Parties
- Claimant/respondent: AL Buhaira National Insurance Company; First Defendant/appellant: Horizon Energy LLC; Second Defendant: AL Buhaira International Shipping INC
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 13 January 2023
- Procedural Posture
- Civil Appeal / Consent Order Following Jurisdictional Challenge and Appeal Applications
- Outcome
- Consent order for further submissions; no order as to costs
- Legal Topics
- Jurisdiction, Abuse of Process, Appeal Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
AL Buhaira National Insurance Company
Claimant/respondent
Horizon Energy LLC
First Defendant/appellant
AL Buhaira International Shipping INC
Second Defendant
Procedural Posture
Civil Appeal / Consent Order Following Jurisdictional Challenge and Appeal Applications
Legal Issues
- 1 Whether the DIFC Courts have jurisdiction over the claim
- 2 Whether the claim should be struck out as an abuse of process
Ratio Decidendi
The parties agreed by consent to file and exchange additional written submissions by a specified date, with no order as to costs. The underlying jurisdictional and procedural issues remain to be determined following further submissions.
Court Disposition
Consent order for further submissions; no order as to costs
Orders
- The parties shall file and exchange additional written submissions by no later than 4pm on 23 January 2023.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
AL Buhaira National Insurance Company v (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC [2023] DIFC CA 015 (13 January 2023) [ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] The Dubai International Financial Centre You are here: BAILII >> Databases >> The Dubai International Financial Centre >> AL Buhaira National Insurance Company v (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC [2023] DIFC CA 015 (13 January 2023) URL: https://www.bailii.org/ae/cases/DIFC/2023/DCA_015.html Cite as: [2023] DIFC CA 15, [2023] DIFC CA 015 [ New search ] [ Help ] CA 015/2022 AL Buhaira National Insurance Company v (1) Horizon Energy LLC (2) AL Buhaira International Shipping INC January 13, 2023 Court of Appeal - Orders Claim No. CA 015/2022 THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS IN THE COURT OF FIRST INSTANCE BETWEEN AL BUHAIRA NATIONAL INSURANCE COMPANY Claimant/Respondent and (1) HORIZON ENERGY LLC First Defendant/Appellant (2) AL BUHAIRA INTERNATIONAL SHIPPING INC Second Defendant CONSENT ORDER UPON the First Defendant’s Application No. CFI-0981-2021/1 dated 27 December 2021, disputing jurisdiction and seeking to have the Claim Form and its service set aside, alternatively seeking to have ABNIC’s claims struck out as an abuse of process (the “Jurisdiction Application”) AND UPON the Order with Reasons of Justice Roger Giles dated 27 April 2022 dismissing the Jurisdiction Application (the “Order”) AND UPON the First Defendant's Appeal Notice seeking Permission to Appeal against the Order dated 18 May 2022 (the “First PTA”) AND UPON the Order of Chief Justice Zaki Azmi dismissing the First PTA dated 5 August 2022 AND UPON the First Defendant's Second Appeal Notice seeking Permission to Appeal against the Order dated 26 August 2022 (the “Application”) AND UPON the Claimant’s Submissions in response to the Application dated 12 September 2022 AND UPON the Order of H. E. Deputy Chief Justice Ali Al Madhani dated 25 November 2022 AND UPON the DIFC Courts listing the hearing on Monday 30 January 2023 AND UPON the parties having agreed to the terms set forth in this Consent Order IT IS HEREBY ORDERED BY CONSENT: 1. The parties shall file and exchange additional written submissions by no later than 4pm on 23 January 2023 . 2. There shall be no order as to costs. Issued by: Delvin Sumo Assistant Registrar Date of issue: 13 January 2023 At: 9am BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/ae/cases/DIFC/2023/DCA_015.html