American International Group UK Limited (As Transferee Of AIG Europe Limited) (2) Markel Syndicate Management Limited (3) Talbot Underwriting Limited (4) Berkshire Hathaway International Insurance Ltd v Qatar Insurance Co. (Branch Of A Foreign Company) [2023] DIFC CFI 003 (03 March 2023)
The court granted the application for joinder as all parties consented, the joinder was necessary for the proceedings, and the claimants were permitted to amend the pleadings accordingly.
Source-derived case information.
- Citation
- [2023] DIFC CFI 003
- Parties
- Claimant: American International Group UK Limited (As Transferee Of AIG Europe Limited); Claimant: Markel Syndicate Management Limited; Claimant: Talbot Underwriting Limited; Claimant: Berkshire Hathaway International Insurance Ltd; Co Claimant: Liberty Mutual Insurance Europe SE; Co Claimant: ANV Corporate Name Limited; Co Claimant: Arch Insurance (UK) Limited; Defendant: Qatar Insurance Co. (Branch Of A Foreign Company)
- Jurisdiction
- United Arab Emirates
- Procedural Posture
- Civil / Interlocutory Order on Joinder of Parties
- Outcome
- application granted
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
American International Group UK Limited (As Transferee Of AIG Europe Limited)
Claimant
Markel Syndicate Management Limited
Claimant
Talbot Underwriting Limited
Claimant
Berkshire Hathaway International Insurance Ltd
Claimant
Liberty Mutual Insurance Europe SE
Co Claimant
ANV Corporate Name Limited
Co Claimant
Arch Insurance (UK) Limited
Co Claimant
Qatar Insurance Co. (Branch Of A Foreign Company)
Defendant
Procedural Posture
Civil / Interlocutory Order on Joinder of Parties
Legal Issues
- 1 Whether Liberty Mutual Insurance Europe SE, ANV Corporate Name Limited, and Arch Insurance (UK) Limited should be joined as co-claimants
- 2 Whether claimants should be permitted to amend the claim form and particulars of claim
- 3 Responsibility for costs of the joinder application
Ratio Decidendi
The court granted the application for joinder as all parties consented, the joinder was necessary for the proceedings, and the claimants were permitted to amend the pleadings accordingly.
Court Disposition
application granted
Orders
- Liberty Mutual Insurance Europe SE joined as co-claimant
- ANV Corporate Name Limited joined as co-claimant
Full Case Text
Judgment text and source record
1 paragraphs
American International Group UK Limited (As Transferee Of AIG Europe Limited) (2) Markel Syndicate Management Limited (3) Talbot Underwriting Limited (4) Berkshire Hathaway International Insurance Ltd v Qatar Insurance Co. (Branch Of A Foreign Company) [2023] DIFC CFI 003 (03 March 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 >> American International Group UK Limited (As Transferee Of AIG Europe Limited) (2) Markel Syndicate Management Limited (3) Talbot Underwriting Limited (4) Berkshire Hathaway International Insurance Ltd v Qatar Insurance Co. (Branch Of A Foreign Company) [2023] DIFC CFI 003 (03 March 2023) URL: https://www.bailii.org/ae/cases/DIFC/2023/DCFI_003.html Cite as: [2023] DIFC CFI 003, [2023] DIFC CFI 3 [ New search ] [ Help ] CFI 003/2022 (1) American International Group UK Limited (As Transferee Of AIG Europe Limited) (2) Markel Syndicate Management Limited (3) Talbot Underwriting Limited (4) Berkshire Hathaway International Insurance Ltd v Qatar Insurance Co. (Branch Of A Foreign Company) March 03, 2023 COURT OF FIRST INSTANCE - ORDERS Claim No. CFI 003/2022 THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS IN THE COURT OF FIRST INSTANCE BETWEEN (1) AMERICAN INTERNATIONAL GROUP UK LIMITED (AS TRANSFEREE OF AIG EUROPE LIMITED) (2) MARKEL SYNDICATE MANAGEMENT LIMITED (3) TALBOT UNDERWRITING LIMITED (4) BERKSHIRE HATHAWAY INTERNATIONAL INSURANCE LTD Claimants and QATAR INSURANCE CO. (BRANCH OF A FOREIGN COMPANY) Defendant ORDER OF JUDICIAL OFFICER MAITHA ALSHEHHI UPON the Claimants' Part 7 Claim Form issued on 14 January 2022 (the ‘‘Claim’’) AND UPON the Claimants serving the Claim on the Defendants on 26 January 2022 AND UPON the Defendant filing an Acknowledgement of Service on 8 February 2022 AND UPON the Claimants filing the Amended Claim Form on 29 March 2022 AND UPON the Claimants filing the Re-amended Claim Form on 22 August 2022 AND UPON hearing the Defendant’s Application No. CFI-003-2022/1 dated 22 February 2022 for a declaration that the DIFC Courts have no jurisdiction to hear the claim (the ‘‘Application’’) and the Defendant’s Application No. CFI-003-2022/2 dated 14 July 2022 (the ‘‘Expert Evidence Application’’) at a hearing on 21 July 2022 AND UPON ordering, inter alia, that the Expert Evidence Application and the Application are refused by way of the Order of Justice Lord Angus Glennie dated 29 August 2022 AND UPON the Defendant filing a further Acknowledgement of Service on 12 September 2022 AND UPON the Parties settling the Claimants’ costs of the Application and the Expert Evidence Application and the Parties settling the Claimants' Application No. CFI-003-2022/3 dated 6 September 2022 and the Defendant’s Application No. CFI-003-2022/4 dated 14 September 2022 (the ‘‘Slip Applications’’) AND UPON a Consent Order issued on 6 October 2022 extending the deadline for filing the Particulars of Claim to 24 October 2022 AND UPON a Consent Order issued on 28 October 2022 extending the deadline for filing the Particulars of Claim to 31 October 2022 AND UPON a Consent Order issued on 31 October 2022 extending the deadline for filing the Particulars of Claim to 1 November 2022 AND UPON the Claimants filing the Particulars of Claim on 1 November 2022 AND UPON a Consent Order issued on 29 November 2022 extending the deadline for filing the Defence to 13 December 2022 AND UPON a Consent Order issued on 12 December 2022 extending the deadline for filing the Defence to 3 January 2023 AND UPON the Defendant filing the Defence and Counterclaim on 3 January 2023 and serving it on the Claimants on 9 January 2023 AND UPON the Claimants filing the Reply and Defence to Counterclaim on 31 January 2023 AND UPON the Joinder Parties’ Application No. CFI-003-2022/5 dated 2 March 2023 applying for an Order that Liberty Mutual Insurance Europe SE, ANV Corporate Name Limited and Arch Insurance (UK) Limited (the “Joinder Parties”) are joined as Co-Claimants to the Claim pursuant to Part 20 of the Rules of the DIFC Courts (“RDC”) (the “Application”) AND UPON the written consent of the Joinder Parties to be added to the proceedings as shown in pages 2,3 and 4 of Exhibit NJ2 dated 1 March 2023 AND UPON the Defendant’s confirmation that it does not object to the Application as shown in pages 5 and 8 in Exhibit NJ2 dated 1 March 2023 AND PURSUANT to Part 20 of the RDC AND UPON the Parties having agreed to the terms of this Order AND UPON 1. The Application is granted. 2. Liberty Mutual Insurance Europe SE is joined to the Claim as Co-Claimant. 3. ANV Corporate Name Limited is joined to the Claim as Co-Claimant. 4. Arch Insurance (UK) Limited is joined to the Claim as Co-Claimant. 5. The Claimants are permitted to amend the Re-Amended Claim Form in the form exhibited to this Order. 6. The Claimants are permitted to amend the Particulars of Claim in the form exhibited to this Order. 7. The Joinder Parties shall cover the Defendant’s reasonable costs of and occasioned by the Application. Issued by: Delvin Sumo Assistant Registrar Date of issue: 3 March 2023 At: 12pm BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/ae/cases/DIFC/2023/DCFI_003.html