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 toPart 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