CFI 023/2012 - Consent Order issued by the Registrar, Mark Beer
CFI 023/2012 - Consent Order issued by the Registrar, Mark Beer
May 12, 2013  court of first instance - Orders,Orders
Claim No: CFI-023-2012
IN THE
COURTS
OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURT
OF FIRST INSTANCE
BETWEEN:
SIMMONS AND SIMMONS MIDDLE EAST LLP
Claimant
and
(1) MOHAMMAD ABDEL-KHALEQ MOHAMMED ABU-ALHAJ
(2) PETRA INVEST LIMITEDDefendants
CONSENT ORDER ISSUED BY THE
REGISTRAR
, MARK BEER
UPON
the Claimant and the First
Defendant
having agreed to the terms set forth in the schedule hereto
IT IS HEREBY ORDERED BY CONSENT THAT:
1. All further proceedings in this claim be dismissed, except for the purpose of carrying such terms into effect.
2. Liberty to apply in order to carry such terms into effect.
3. No order as to costs.
Issued by
Mark Beer
Registrar
Issued on: 12 May 2013
At: 2pm
Claim No: CFI-023-2012
IN THE COURTS OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE
COURT OF FIRST INSTANCE
BETWEEN:
SIMMONS AND SIMMONS MIDDLE EAST LLP
Claimant
and
(1) MOHAMMAD ABDEL-KHALEQ MOHAMMED ABU-ALHAJ
(2) PETRA INVEST LIMITEDDefendants
SCHEDULE TO CONSENT ORDER SETTLEMENT AGREEMENT BETWEEN THE
CLAIMANT
AND FIRST
DEFENDANT
1.
The Object
1.1 The Claimant and First Defendant have agreed to settle "the Dispute" which is being litigated in the
DIFC Courts
under the above heading. The Dispute consists of claims arising in connection with and arising out of the First Defendant's instructions to the Claimant for legal services provided during July to September 2009.
2.
The Settlement
2.1 It is hereby agreed that the First Defendant will pay the Claimant the sum of AED 28,440.00 (AED Twenty Eight Thousand Four Hundred and Forty Dirhams), on or before 25 April 2013, in cleared funds to the following account:
Bank Name: HSBC Bank Middle East, Bur Dubai Branch, Dubai
Account Name: Simmons & Simmons Middle East LLP
Account Number: 021-341185-001
SWIFT: BBMEAEAD
IBAN: AE830200000021341185001
Reference: 067990/PFN/D1 Settlement
3.
The Actions to be Completed Upon Settlement
3.1 Upon payment being made in accordance with section 2 above, the Claim in the Courts of the Dubai International Finance Centre under citation 'CFI-023-2012" will be dismissed and the Claimant and First Defendant will consent to an order in the terms attached, which shall be filed at
Court
by the Claimant, promptly and confirmed to the First Defendant's legal advisors.
4.
The Effect and Consequences of the Settlement (Waiver and Discharge)
4.1 This Settlement Agreement is in full and final settlement of:
4.1.1 all Claims asserted by the Claimant against the First Defendant in the above cited action; and
4.1.2 all claims, allegations, actions, suits, costs, demands and expenses the First Defendant may have against Claimant whether asserted now, in the past or in the future in relation to the Dispute and/or arising in connection with or consequent to the First Defendant's engagement of the Claimant in his own capacity during 2009.
4.2 Under this Settlement Agreement, each of the Claimant and First Defendant releases and forever discharges the other from any liability arising as aforesaid, including any claims for costs.
5.
Confirmations
5.1 Each of the Claimant and First Defendant acknowledges that it has not been induced to enter into this Settlement Agreement by any representation or warranty other than those contained in this Settlement Agreement and, having negotiated and freely entered into this Settlement Agreement, agrees that it shall have no remedy in respect of any other such representation or warranty except in the case of fraud. The First Defendant Party acknowledges that his legal advisers have explained to him the effect of this clause.
5.2 No variation of this Settlement Agreement shall be effective unless made in writing and signed by both of the Claimant and First Defendant.
5.3 Each of the Claimant and First Defendant shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of this Settlement Agreement, including any prior legal and filing costs.
5.4 This Settlement Agreement may be executed in any number of counterparts, which shall together constitute one Settlement Agreement. The Claimant and the First Defendant may enter into this Settlement Agreement by signing any such counterpart.
5.5 Each of the Claimant and First Defendant represents and warrants that it has capacity to enter into this Settlement Agreement and that the signatory named below has authority to enter into this Settlement Agreement on its behalf.
6.
Governing Law and
Jurisdiction
6.1 This Settlement Agreement shall be governed by, construed and take effect in accordance with the laws of the Dubai International Finance Centre and any enforcement of this Settlement Agreement shall be finally and exclusively resolved by the Courts of the Dubai International Financial Centre.
7.
Confidentiality Obligations
7.1 The Claimant and First Defendant will keep confidential and not use for any collateral or ulterior purpose the terms of this Settlement Agreement except:
7.1.1 insofar as is necessary to implement and enforce any of its terms;
7.1.2 insofar as is necessary for the Claimant to pursue the Second Defendant; and
7.1.3 save as either the Claimant or First Defendant is required to disclose by law or to its regulator(s), insurers or any tax authorities.
8.
Entire Agreement
8.1 This Settlement Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
Signed:
Philip Norman
Partner
Simmons & Simmons Middle East LLP
on behalf the Claimant
Date: 23 April 2013
Signed:
ALSAFAR & PARTNERS Advocates & Legal Consultants
Legal Representative
of and on behalf of the First Defendant
Date: 23 April 2013