That is because it is commonplace for the opt in jurisdiction of this Court to involve the resolution of disputes governed by substantive laws other than the laws of the DIFC. As there explained, the dispute resolution procedure deals only with an insured taking a complaint to the Insurance Authority and even as to such a complaint provides for a challenge to go to (in translation) the competent court if first instance. 12. 28. Horizon did not wait for ABNIC to revert. In short, the agreements in the Policies on the jurisdiction of the courts of the United Arab Emirates (the UAE) in their ordinary meaning confer jurisdiction on the DIFC Courts, as courts of the UAE, and are specific, clear and express provisions in that respect, unless there is reason from their text or the surrounding circumstances to give them a different construction. 50. hVr6g,#9WIl)R&iw$ Ha]Hq&x$=&L y) }d|&9Z 0{{/Dr?3+8*$+f^rl,nhPABoX"[2T>pd %I~CL21}uP I order that the application be dismissed, and that the Defendant pay the Claimants costs of the application assessed at AED 300,000. %%EOF
Horizon was formally incorporated in Dubai, but had had a limited physical presence there and none in the DIFC, and its operations were managed from Sharjah; ABNICs head office was in Sharjah, and the evidence that it provided marine insurance services from its Dubai offices was (Horizon said but ABNIC contested) non-specific; all discussions and negotiations leading to entry into the Policies took place in Sharjah; the Vessel (self-evidently) was at no time in the DIFC, or Dubai, and had not docked or operated in Dubai waters. SPLKA AKCYJNA, Sector Other Multiline Insurance & Brokers, Assistant General Manager-Sales & Marketing. The other was that there was an abuse of process because prior to the commencement of the proceedings the dispute had been submitted to that dispute resolution regime and, as it was put in the skeleton argument, ABNIC brought the proceedings to frustrate a bona fide claim made by Horizon under [that regime] in circumstances where ABNIC had never before disputed the applicability of the onshore regime set out in the Insurance Law. The submission had two limbs. The agreements on which ABNIC relies are the law and jurisdiction clauses in the Policies, in identical terms: This contract shall be governed by and construed in accordance with the English law and each party agrees to submit to the exclusive jurisdiction of the courts of the United Arab Emirates. Most insurers in UAE provide coverage for video visits at the same cost as clinic visits. You can go to the doctors profile to view the ratings and reviews for that doctor. AL BUHAIRA NATIONAL INSURANCE COMPANY P.S.C. I do not think the doctrine is attracted. Horizons assertion of abuse of process was put, with a degree of confusion between them, in essentially two ways. You can choose the language of your liking and the doctors that speak it will be displayed. The arbitration contract shall also be subject to the law and jurisdiction of the United Arab Emirates.. A state-of-the-art hospital focusing on all aspects of physical therapy and rehabilitation. Acne, Acne Scars, Alopecia, Anti-aging, Body Sculpting, Botox, Carbon Laser Peeling, Chemical Peeling, Cosmetic Dermatology, Cosmetic Surgery. Issued by: There was no occasion for ABNIC to dispute the availability of the Article 110 dispute resolution procedure until November 2021, and deliberate frustration or stymieing of Horizons invocation of that process in response to notice of the complaint cannot readily stand with the instructions on 3 November 2021, before any such notice, to decline cover and bring the proceedings. -, Al Buhaira National Insurance Company P.S.C. The Authority referred to in the Article was the Insurance Authority constituted under the Insurance Law. 53. ABNIC was notified of the complaint on the day it was filed, 7 November 2021. The Policies are in English, and the governing law is English law. By the definitions in Article 1 of the Decision, Company means the insurance company and Insurance Disputes means [t]he disputes arising from the complaints of the Insured, beneficiaries or the concerned affected parties against the Company. It is enough that I am unable to see that the restriction on insurance business in or from the DIFC has any bearing on the ability of the DIFC Courts to hear insurance disputes, if the parties to the insurance contract agree that it can do so. Check our list of insurance partners below. As best I understand the argument, it was said that the exclusion of other insurance business from the DIFC evidenced a policy that the regulation and enforcement of that other business and its disputes should also be excluded, with the result that the DIFC Courts could not hear a dispute arising under or in relation to insurance onshore insurance. Other questions could be asked about the relationship between the doctrine and forum non conveniens and its place in the UAE judicial system, but it is sufficient to go to that question. 6. The terms of its clauses suggest that it is only the insured who can make a complaint, and this is made clear in the Authoritys decision pursuant to cl 5 of the Article stipulating, amongst other things, the competencies of committees. The last filter is Language. But I do not find the submission persuasive to a construction confining the agreement to the jurisdiction of either the Sharjah courts or the onshore courts of the UAE. 105 0 obj
<>/Filter/FlateDecode/ID[<82BC7532B7E29A45A2CB9D60950C5E54>]/Index[96 21]/Info 95 0 R/Length 63/Prev 1187143/Root 97 0 R/Size 117/Type/XRef/W[1 2 1]>>stream
In 2020 it was merged with the Central Bank of the UAE. The Company is organized into two main business segments: the underwriting of general insurance business segment covers all classes of general insurance, including fire, marine, motor, general accident and miscellaneous, and the Investments segment incorporates investments in marketable equity securities, term deposits with banks and investment properties. In Goel, the Court said that it is a constitutional fact that the courts of Dubai are created by the laws of the Emirate, and that courts of Dubai when used in a contract in its ordinary meaning, absent content and purpose pointing in a different direction, refers to all the courts of Dubai. hb```"ufP !B sR It follows that ABNIC is not acting contrary to the dispute resolution procedure in Article 110 in bringing these proceedings against Horizon claiming declaratory relief. It emailed the Authority on 8 November 2021, saying that it had officially received the claim only on 25 October 2021 and had replied on 2 November 2021, and [w]e are now considering everything related to the claim with the companys counsel, and our reply to the said claim will be prepared within 10 days of the date of this letter.. 6 of 2007 (the Insurance Law) and the dispute resolution procedure in its Article 110. I therefore do not accept the first way in which Horizon contended for abuse of process. Nour Hineidi This is equally applicable to a clause reposing jurisdiction in the courts of the United Arab Emirates. endstream
endobj
startxref
The Dubai Courts, and indeed the DIFC Courts, are free to apply UAE law if, upon the proper application of the rules of private international law, that is the governing law of the dispute. There is a clear distinction between the Authority by its committees and the courts, and the committees decision is not in the workings of the judicial system but something which may be challenged in that system. 96 0 obj
<>
endobj
If for some reason you do not attend the appointment, the appointment will be marked as a no-show and you will not be entitled to a refund. After choosing the doctor of your choice, click on Book Now and when asked the consultation type, choose video visit. The restriction in cl 3 of the Article on accepting claims before they have been brought before a committee, if it precludes a court from accepting a claim, can apply only to claims against the insurer. 4. There is no embargo on recognition in the DIFC or the DIFC Courts of onshore insurance, whether insurance written elsewhere in the UAE or insurance between onshore parties, and I am unable to accept this further argument for abuse of process. Abu Dhabi Securities Exchange 45. I will refer in more detail to the Insurance Law in connection with abuse of process. In Decision No. Even if ABNIC had engaged with the Article 110 process, it would have been entitled to challenge an adverse result in the DIFC Courts as a court of competent jurisdiction: there is no real risk of inconsistent decisions. One or more committees shall be formed in the Authority to be in charge of settling the disputes arising from the insurance policies, activities and services. There followed, on 25 October 2021, the formal notice of a claim for the loss, giving some information and describing investigations said to lead to the conclusion that the Vessel was the subject of a capture, seizure, arrest, restraint, detainment, confiscation or expropriation by persons connected with the Iranian government and/or Navy, occurring during the period of cover under the Policies. It was said that it was clear from Goel that the ordinary meaning of the term the courts of Dubai is capable of meeting the requirement in Article 5A(2) for a specific, clear and express provision conferring jurisdiction on the CFI, and (at [42]): In this case there are no surrounding circumstances to support a construction of the term the Courts of Dubai in the contract which would not apply the ordinary meaning, which includes the DIFC Courts. I take Horizons Statement of Costs as a better measure of the reasonable costs of the application; but it does not include Counsels fees and an amount for lawyers fees in relation to the supplementary submissions. Horizon referred to Lehman Brothers Finance AG (In Liquidation) v Kraus Tschira Stiftung GmbH [2014] EWHC 2782 (Lehman Brothers), in which it was held that a mandatory conciliation process prior to litigation under the Swiss Civil Procedure Code amounted to court proceedings and came within a Convention provision for a stay of proceedings involving the same cause of action and between the same parties brought in the courts of different States bound by this Convention. d. The complainant, in case of objection to the clarifications provided by the Company, may request that the dispute be referred to the Committee formed by virtue of Article (110) BIS3. There was no evidence or explanation of its present status or fate, and I infer that no decision has been made. Copyright 2022 Surperformance. In ABNICs submission, these were strong indications that the parties intended that the DIFC Courts, as a court with a common law system based predominantly on that of England and with international characteristics, was intended to have jurisdiction.
Sitemap 20