ARB 004/2024 Naqid v Najam [2024] DIFC ARB 004 (28 August 2024)

ARB 004/2024 Naqid v Najam [2024] DIFC ARB 004 (28 August 2024)

The Defendant is entitled to cross-examine Mr Nixon on all matters relevant to the issues in the consolidated applications, not limited to his affidavits in support of the committal applications, because the applications are inextricably linked, involve overlapping factual disputes, and cross-examination is necessary to resolve those disputes and ensure a fair hearing. The cross-examination is not confined to the facts narrated in the affidavits and witness statements but must relate to relevant facts in issue, including credit.

Citation
[2024] DIFC ARB 004
Parties
Claimant: Naqid; Defendant: Najam
Jurisdiction
United Arab Emirates
Judgment Date
28 August 2024
Procedural Posture
Arbitration Enforcement and Related Interlocutory Applications / Interlocutory Order on Application for Permission to Cross Examine Witness Prior to Consolidated Hearing
Outcome
Application granted
Legal Topics
Enforcement of Arbitral Awards, Freezing Orders, Sequestration, Committal for Contempt, Anti Suit Injunctions, Cross Examination of Witnesses, Jurisdictional Challenges
Arbitration Civil Procedure Commercial Law Enforcement of Arbitral Awards Freezing Orders Sequestration Committal for Contempt Anti Suit Injunctions +2 more

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Parties

Naqid

Claimant

Najam

Defendant

Procedural Posture

Arbitration Enforcement and Related Interlocutory Applications / Interlocutory Order on Application for Permission to Cross Examine Witness Prior to Consolidated Hearing

Legal Issues

  1. 1 Whether the Defendant should be permitted to cross-examine Mr Nixon on all his written evidence at the consolidated hearing of multiple applications, including enforcement, sequestration, committal, anti-suit injunction, and set aside applications.
  2. 2 Scope of cross-examination permitted under DIFC Court Rules for interlocutory applications.

Ratio Decidendi

The Defendant is entitled to cross-examine Mr Nixon on all matters relevant to the issues in the consolidated applications, not limited to his affidavits in support of the committal applications, because the applications are inextricably linked, involve overlapping factual disputes, and cross-examination is necessary to resolve those disputes and ensure a fair hearing. The cross-examination is not confined to the facts narrated in the affidavits and witness statements but must relate to relevant facts in issue, including credit.

Court Disposition

Application granted

Orders

  • Defendant granted permission to cross-examine Mr Nixon at the hearing of the consolidated applications on 7 October 2024, limited to issues in the consolidated applications.
  • Claimant to pay Defendant’s costs of the application on the standard basis, to be assessed by the Registrar if not agreed.