Rada Trading LLC FZC v (1) Wealth Bridge Trading Crude Oil And Refined Products Abroad LLC (2) Cohenrich Energy FZE [2021] DIFC CA 007 (07 September 2021)

Rada Trading LLC FZC v (1) Wealth Bridge Trading Crude Oil And Refined Products Abroad LLC (2) Cohenrich Energy FZE [2021] DIFC CA 007 (07 September 2021)

The counterclaim adequately pleaded a written variation of the Settlement Agreement and alternative grounds for waiver of formal requirements. The judge erred in striking out the counterclaim at the pleading stage without exploration of evidence. The entire agreement clause and clause 13 do not preclude the possibility of variation or waiver under UAE law.

Citation
[2021] DIFC CA 007
Parties
Claimant/respondent: RADA TRADING LLC FZC; First Defendant: WEALTH BRIDGE TRADING CRUDE OIL AND REFINED PRODUCTS ABROAD LLC; Second Defendant/appellant: COHENRICH ENERGY FZE
Jurisdiction
United Arab Emirates
Judgment Date
07 September 2021
Procedural Posture
Appeal / Judgment on Appeal Against Strike Out of Counterclaim
Outcome
Appeal allowed with costs
Legal Topics
Variation of Contract, Pleading Requirements, Waiver of Contractual Formalities, Electronic Signatures, Counterclaim Procedure
Contract Law Civil Procedure Variation of Contract Pleading Requirements Waiver of Contractual Formalities Electronic Signatures Counterclaim Procedure

Case Brief

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Parties

RADA TRADING LLC FZC

Claimant/respondent

WEALTH BRIDGE TRADING CRUDE OIL AND REFINED PRODUCTS ABROAD LLC

First Defendant

COHENRICH ENERGY FZE

Second Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Strike Out of Counterclaim

Legal Issues

  1. 1 Whether the counterclaim adequately pleaded a written variation of the Settlement Agreement
  2. 2 Whether the absence of attached documentary evidence invalidates the pleading
  3. 3 Whether the entire agreement clause or clause 13 precludes variation

Ratio Decidendi

The counterclaim adequately pleaded a written variation of the Settlement Agreement and alternative grounds for waiver of formal requirements. The judge erred in striking out the counterclaim at the pleading stage without exploration of evidence. The entire agreement clause and clause 13 do not preclude the possibility of variation or waiver under UAE law.

Court Disposition

Appeal allowed with costs

Orders

  • The Appeal is allowed with costs.
  • Costs to be assessed by the Registrar if not agreed.