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In that regard, the submission included that the DIFC Courts could not receive a challenge as it was put, cannot have jurisdiction under the Insurance Law because, by force of Article 4(4) of the Law Regarding the Financial Free Zones, Federal Law No 8 of 2004, a DFSA authorised company conducting insurance activities in or from the DIFC was restricted to reinsurance business. On the HeliumDoc homepage search for the treatment or doctor by typing in the search bar. 6. On some Dermatologist (Skin) cards, you will find a blue label Available at a certain time. I do not think the doctrine is attracted. 3. (function($) {window.fnames = new Array(); window.ftypes = new Array();fnames[1]='FNAME';ftypes[1]='text';fnames[0]='EMAIL';ftypes[0]='email';}(jQuery));var $mcj = jQuery.noConflict(true); Stroke / Paralysis (Neurological Rehabilitation), Thumbay Physical Therapy & Rehabilitation Hospital. You can choose the language of your liking and the doctors that speak it will be displayed. In my view, reason has not been shown to depart from the ordinary and natural meaning of the conferring of jurisdiction on the courts of the United Arab Emirates as including the DIFC Courts. In about December 2019, it was discovered by Horizon/ABIS that the Vessel was missing. 28. Horizon contended, and I do not think ABNIC contended otherwise, that in its insurance activities in the UAE including writing the Policies ABNIC was subject to the Insurance Law, and so subject to the operation of Article 110. 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. 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. 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. For convenience, I will continue to refer to the Authority. Registrar (ABNICs submissions included they are on back-to-back terms with its reinsurance, also governed by English law, but I do not think I can pay regard to this as a circumstance known to Horizon.) The first limb of the submission began that in the cases in which courts of Dubai or such phrases had been held sufficient, there had been a material and sufficient link between the parties/facts of the case and the DIFC: for example, in Goel that at the time of contracting one of the parties had been a DIFC Licensed Establishment. CFI-098-2021/1 dated 27 December 2021 disputing jurisdiction and seeking to have the Claim Form and its service set aside, alternatively seeking to have ABNICs claims struck out as an abuse of process (the Application), AND UPON reviewing the Claimants evidence in answer to the Application dated 24 January 2022, AND UPON reviewing the Defendants evidence in reply dated 14 February 2022, AND UPON reviewing the Claimant and Defendants skeleton arguments dated 29 March 2022, AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at a hearing on 4 April 2022. 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. 10. 20. 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. Horizons assertion of abuse of process was put, with a degree of confusion between them, in essentially two ways. It was said that ABNIC rushed to issue the proceedings first, by the instructions on 3 November 2021, contrary to its representation to Horizon on 2 November that it would consider the matter and revert in due course. The explanation of the circumstances of the loss of the Vessel differed from that in the notification of 25 October 2021 perhaps markedly so, since it was said that the Vessel had been exposed to embezzlement, detention and/or arrest or confiscation by persons not related to the Iranian Government, and/or Iranian Marine, although the notification of 25 October 2021 accompanied the complaint and there may be an error in the translation of the complaint. Necessarily as an estimate, the costs are assessed at AED 300,000. Nor does it negate that application as specific, clear and express.. 31.

1. 15. Written confirmation that the claim was covered under the War Policy was required within seven days, and the right was reserved to claim under the Hull and Machinery Policy. hbbd``b`@q`$d I$ o#{h?cw The submission became quite confused: at one point it was said that the criterion was the onshore location of the insurer; at another that it was the onshore location of the insured, or of the risk; and them probably back to the onshore insurer. 34. As to limiting it to the onshore courts, Horizon could say (but did not) that, since Sharjah does not have an offshore court, the parties did not intend that the phrase include offshore courts of the UAE. Nor indeed has bringing these proceedings frustrated or stymied the course taken by Horizon and ABIS in filing their complaint with a view to a decision by a committee: there was no evidence that the existence of the proceedings would cause the committee to hold its hand, and the dispute resolution process initiated by Horizon and ABIS can continue. 49. w7na pg ~ ,m8_0ba$[S]>v&3L{,rL{^|k"w("g, `L1H@ fnzDA{ `Mbedv9x'S, jx `B\amx1@D YBS It was said that ABNICs insurance activities in the Emirates were subject to the law On the Regulation of Insurance Operations, Federal Law No. All rights reserved. hVr6g,#9WIl)R&iw$ Ha]Hq&x$=&L y) }d|&9Z 0{{/Dr?3+8*$+f^rl,nhPABoX"[2T>pd %I~CL21}uP Check our list of insurance partners below. This is not limited to the onshore courts; is open to the parties to choose their court or courts of competent jurisdiction, and I see little weight in this in excluding the offshore courts from their choice. I will refer in more detail to the Insurance Law in connection with abuse of process. You can filter your specialists based on location, treatment, language, insurance, popularity and gender. But Article 110 is confined in its operation. This is equally applicable to a clause reposing jurisdiction in the courts of the United Arab Emirates. However it seems to me that while the adoption of the laws of the DIFC as the substantive law of the agreement provides a strong indication that the parties would have intended the DIFC courts have jurisdiction, the converse proposition does not carry nearly so much weight. 50. 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. The Policies are in English, and the governing law is English law. 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 Abu Dhabi Securities Exchange On 16 November 2021, ABNIC informed the Authority that Horizons claim had been declined and proceedings seeking declaratory relief had been commenced in the DIFC Courts. I turn to the second way in which Horizon contended for abuse of process. 36. 12. It was then said that in the present case there was no substantive link between the Policies and the DIFC or even Dubai. As of December 31, 2011, the Company held 100%-stake in its subsidiary, namely Al Buhaira Economic Investments Establishment. ABNIC was notified of the complaint on the day it was filed, 7 November 2021. That is, the parties to the insurance contract are left free to agree upon other means of resolving disputes between them. Sufficiently for present purposes, it appears common ground now that from mid-May 2019 the Vessel has been located in Iran, as the MAKRAN in the service of the Iranian navy. Date of Issue: 27 April 2022 11. 7. 5. A link to the DIFC is not necessary for an agreement as referred to in Article 5A(2). 45. 4. The submission had two limbs. HeliumDoc lets you search specifically for Dermatologist (Skin) who accept your insurance in UAE. endstream endobj startxref In 2020 it was merged with the Central Bank of the UAE. 39. Copyright © 2022 DIFC Courts All rights reserved, For better web experience, please use the website in portrait mode, Nicholas Craig QC instructed by Clyde & Co. for the Claimant; and, CFI 098/2021 Al Buhaira National Insurance Company v Horizon Energy LLC. However, this is not a Lehman Brothers situation. 25. April 27, 2022 court of first instance - Orders, ORDER WITH REASONS OF JUSTICE ROGER GILES, UPON reviewing the Defendants application no. The refund is subject to a 5% payment gateway fee. The insurance company shall process the insurance claims according to the legislations in force and the provisions of the insurance policies based on the following procedures: a. Complaint to the Authority and the decision of a committee may be a mandatory first step where an insured disputes the full or partial rejection of a claim or raises some other dispute, but not where the insurer brings proceedings. The dispute resolution process is not an integral part of the judicial system. ABNIC responded on 30 December 2020 that the subject was under consideration by the company. 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. 52. 17. Claims relating to the dispute arising from the insurance policies, activities and services may only be accepted after bringing these disputes before the committee as formed according to the provisions of Clause 2 hereof. 40. 42. Acne, Acne Scars, Alopecia, Anti-aging, Body Sculpting, Botox, Carbon Laser Peeling, Chemical Peeling, Cosmetic Dermatology, Cosmetic Surgery. That is not the end of the matter.

If that doctor is offering a video visit, you will be able to choose between Video visit and Clinic visit., Emirates Hospital Day Surgery and Medical Center, Dubai Healthcare City, Dubai Dermatologists, Best Obstetricians and Gynecologists in UAE, Dermatologists in American Hospital, Oud Metha, Dermatologists in Novomed Centers, Dubai Marina, Dermatologists in Minal Medical Centre, Jumeirah, Dermatologists in Canadian Medical Center & Plastic Surgery, Jumeirah, Dermatologists in ZO Skin Centre, Umm Suqeim, Dermatologists in Al Garhoud Private Hospital, Al Garhoud, Dermatologists in Al Zahra Hospital, Al Barsha, Dermatologists in American Academy of Cosmetic Surgery Hospital, Dubai Healthcare City, Dermatologists in Zulekha Hospital, Al Nasserya, Dermatologists in Bionix Body Designers Medspa, Al Hudaiba, Dermatologists in iCARE Clinics, Jebel Ali Village, Dermatologists in Zulekha Hospital, Al Nahda, Dermatologists in American Hospital Clinics, Al Barsha, Dermatologists in Dr. Kayle Aesthetic Clinic, Al Manara, Al Buhaira National Insurance Company - ABNIC supported Dermatologists, Abu Dhabi National Insurance Company - ADNIC supported Dermatologists, Whealth International supported Dermatologists, Oman Insurance Company - OIC supported Dermatologists, Video Calls with Obstetricians and Gynecologists, Video Calls with Oral and Maxillofacial Surgeons. You can go to the doctors profile to view the ratings and reviews for that doctor. 116 0 obj <>stream Assuming that it can be taken into account at all in the construction of the Policies, reduced significance is warranted for the location of the insurer and the insured and the place of their dealings when the Policies were entered into. 2. The Policies were subsequently renewed, and were current from 10 June 2018 to 9 June 2019. You can also filter the doctors by choosing Most Recommended or Most Popular to see the top doctors in UAE. One was that there was an abuse of process for ABNIC to seek to sidestep and evade the application of the dispute resolution regime imposed by the Insurance Law. hb```"ufP !B sR Reports Earnings Results for the Full Year Ended December 31, 2021, Al Buhaira National Insurance Company Recommends to Distribute Dividend. The submission cannot be taken too far, since if jurisdiction is conferred on the DIFC Courts, it is shared also with the other courts of the UAE which have a civil system and operate in Arabic.

An appointment cannot be rescheduled or cancelled after the given time frame. In IGPL, as noted above, courts of the United Arab Emirates was held to give jurisdiction to the DIFC Courts, the Court saying: [142] . End-of-day quote 6 of 2007 (the Insurance Law) and the dispute resolution procedure in its Article 110. In the event the claim is fully or partially rejected, the Company shall explain the reasons for each decision in writing. The vessels included the BETA, a tanker of 55,909 GT (the Vessel) owned by a Liberian incorporated subsidiary of Horizon, Al Buhaira International Shipping Incorporated (ABIS). However, when the parties have agreed to confer jurisdiction on the DIFC Courts, as I have held, it should not readily be found that invoking that jurisdiction is an abuse of process: courts exist to quell disputes, and good reason is needed for them to decline to do so. 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. Taking all matters together, I do not think that in the circumstances in which Horizon and ABIS on the one hand and ABNIC on the other hand acted to make their complaint and to bring these proceedings, respectively, there was an abuse of process by ABNIC, nor is the continuation of the proceedings by ABNIC an abuse of process. Select the Video Visits option on the right side of the page. No point is taken that Horizon is denying that the Court has jurisdiction, and at the same time asking that the Court exercise jurisdiction by striking the claims out. 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. 37. The evidence is not entirely clear, perhaps due to a translation difficulty, but it appears that the complaint to the Authority has been referred to a committee formed in accordance with Article 110. 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. This helps you find the doctor best suited to your needs in UAE. 2. 48. The most recent considerations were in Goel v Credit Suisse (Switzerland) Ltd [2021] DIFC CA 002 (26 April 2021) (Goel) (courts of Dubai) and Laabika v Ladu [2021] DIFC CA 008 (7 September 2021) (Laabika) (courts of Dubai); courts of the United Arab Emirates was considered in IGPL v Standard Chartered Bank [2015] DIFC CA 004 (19 November 2015) (IGPL), and as later described it was held that it conferred jurisdiction on the DIFC Courts. The concerned parties shall have the right to challenge the decisions of the committees before the competent court of first instance within thirty days as of the date of their notification of said decision; otherwise, the decision shall be deemed final and enforcible. AL BUHAIRA NATIONAL INSURANCE COMPANY P.S.C. This is Horizons application disputing jurisdiction and seeking to have the Claim Form and its service set aside, alternatively seeking to have ABNICs claims struck out as an abuse of process. A response to these questions was provided on 9 June 2021. At least initially, the argument was a complaint that although ABNIC had not previously disputed the availability of the Article 110 dispute resolution procedure, having received notice of Horizons complaint on 7 November 2021 it did did not properly engage with that procedure, but brought these proceedings to frustrate, or as it was also put to stymie, that procedure. In Decision No. In IGPL at [137] it was said that where there is an agreement within Article 5A(2) the DIFC Courts are not deprived of jurisdiction even if the claims and underlying facts do not have any connection [to] the DIFC, and the observation of Wayne Martin J in Goel at first instance (Credit Suisse (Switzerland) Ltd v Goel CFI 066/2020 (4 October 2020)) at [60] are apposite, beyond the particular matter of the governing law: Of course I do not overlook the fact that the Guarantee agreements are governed by the laws of Dubai and applicable federal laws, and not by DIFC law. On the HeliumDoc homepage search for the treatment or doctor by typing in the search bar. We accept all major insurances. 43.

It was held that, in construing the choice of court provision, there was no ambiguity suggesting that the parties intended to opt out of the jurisdiction of the CFI, albeit that they might be taken to have opted in to the jurisdiction of the onshore courts as well, and (at [98]) that [t]he lack of ambiguity in the circumstances of this case was sufficient to treat the term the DIFC Courts [sic: plainly, the courts of Dubai] as a specific, clear and express reposing of the relevant jurisdiction in the DIFC Courts, although it may also have covered the onshore courts. b. It is a consideration that Horizon will need to fight on two fronts, prosecuting its complaint before a committee and defending ABNICs proceedings. After cancelling the appointment, you can schedule another appointment or ask for a refund. 1. But the question arose, and was the subject of supplementary written submissions, whether the dispute resolution procedure under Article 110 enlivened the doctrine. For appointments paid for online, you can cancel or reschedule up to two hours before the scheduled time of the appointment. After filtering to find the doctor best suited to your needs, you can click the Book Now or Available at a certain time button on the doctor card. These have been left by patients who have consulted the specialist. 21. 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. The DIFC Courts are courts of Dubai, created by the laws of the Emirate, and it was said (at [91]) that [t]he cases point to a default position in which the DIFC CFI is included within the terminology the courts of Dubai along with the onshore courts. I order that the application be dismissed, and that the Defendant pay the Claimants costs of the application assessed at AED 300,000. [143] As a practical matter, it is more conceivable that the meaning of courts of the UAE, under the Agreement was intended to cover all courts located within the territory of the UAE. It is, however, a sound consideration that it was intended that the parties should be able if they wished to submit their disputes to the DIFC Courts, as a court operating in English and likely to have greater familiarity with validity, interpretation and application of the Policies. Issued by: #mc_embed_signup{background:#fff;clear:left;font:14px Helvetica,Arial,sans-serif}. 51. If that doctor is offering a video visit, you will be able to choose between Video visit and Clinic visit.. They incorporate a number of standard London marine market clauses, and in particular Institute Clauses. Umm Al Qaiwain General Investments Company P.S.C.

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. 53. On 7 November 2021, Horizon and ABIS filed a complaint with the Authority purportedly in accordance with Article 110 of the Insurance Law. Consistently with Goel we hold that where the parties agreed to repose jurisdiction in the Courts of Dubai then, absent constructional indication to the country, whether from the text of the contract or surrounding circumstances, the term will be interpreted as a sufficiently specific, clear and express provision for the purposes of Article 5A(2) JAL to confer jurisdiction on the the DIFC CFI. HARTFORD FINANCIAL SERVICES GROUP (THE), INC. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, POWSZECHNY ZAKLAD UBEZPIECZE? 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. . On 10 November 2021 ABNICs lawyers wrote to Horizon, referring to the Claim Form served that day and saying that the purpose of the letter was to formally notify it of ABNICs decision to avoid the Policies, to explain the principle reasons behind its decision to avoid them and bring the proceedings, and to provide you with the opportunity to bring these proceedings to a swift conclusion. Al Buhaira National Insurance Company PSC is a United Arab Emirates-based company engaged in the insurance sector. 22. In June 2015 the Claimant, Al Buhaira National Insurance Company (ABNIC), insured the Defendant, Horizon Energy LLC (Horizon), and its subsidiaries and affiliates under a Marine Hull and Machinery Policy and a Marine Hull War Policy (the Policies) in respect of a number of vessels. ABNIC asserts jurisdiction under Article 5A(2) of the Judicial Authority Law, Dubai Law No 12 of 2004, which provides: (2) The Court of First Instance may hear and determine any civil or commercial claims or actions where the parties agree in writing to file such claim or action with it whether before or after the dispute arises, provided that such agreement is made pursuant to specific, clear and express provisions.. Attention should not be confined to the Vessel many more vessels were insured under the Policies. 3. 23. 16. The Defendant shall pay the Claimants costs of the Application assessed in the amount of AED 300,000. 96 0 obj <> endobj 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. On 21 September 2021, ABNICs lawyers wrote to Horizon to the effect that the insurer had not been provided with the necessary information to confirm their coverage position, listing the information previously requested but not supplied, and reserving the insurers rights, remedies and defences under the Policies and at law. That is the point of an opt-in agreement, and it is common for parties to agree to submit their disputes to, for example, the Commercial Court in England even if there be no connection with the country. 41. 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. The Company operates through its head office in Sharjah, and a network of branches located in Dubai, Abu Dhabi, Al Ain, Khorfakkan, Fujairah and Ajman. 33/2019 Concerning the Regulation of the Committees for the Settlement and Resolution of Insurance Dispute (the Decision), issued on 15 July 2019, it is provided in Article 4 (in the LexisNexis translation): The Committees shall be competent to settle and resolve all Insurance Disputes of all types and classes of insurance arising from the complaints of the Insured, the Beneficiaries or the affected of capacity or interest in the Insurance Dispute against the Company only of any value whatsoever, whether estimated or not.. The governing law of the agreement was regarded as a significant factor in Taaleem. The Board shall issue the necessary decisions concerning the formation of the committees according to the provisions of Clause 2 hereof, their competencies, powers, work system, remuneration of their members, experts to which these committees shall have recourse, insurance types and branches concerning which insurance disputes and all other related matters may be resolved before these committees.. The argument then went that the dispute resolution procedure involved a first decision by the Insurance Authority which could be challenged in a court; that the courts which would receive a challenge were the onshore courts; and that against that background the parties would have intended that the onshore courts would deal with their disputes, and it was implausible that there should have been a choice in favour of the DIFC Courts as an offshore court. You can also search by choosing a speciality and location In UAE.2. It was said that ABNIC had not responded to the notification of 25 October 2021 and that to date, the Complainant did not receive any clear reply from the Defendant in respect of the insurance cover. Critical to the first of these ways is whether Article 110 precludes ABNIC from bringing the proceedings. Copyright 2022 Surperformance. (Horizons submissions criticised ABNIC for not explaining why they said the parties agreement was to submit their dispute specifically to the DIFC Courts: they do not say that.) With reference to other decisions to the same effect and decisions on tribunals whose decisions could give rise to res judicata estoppel, Horizon submitted that the Authority by its committees was to be regarded as a judicial body whose proceedings were a lis pendens. 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.