According to the evidence, ABNIC

2021/05/21

According to the evidence, ABNIC had in fact instructed its lawyers to finalise an avoidance letter declining cover under the Policies and to issue the present proceedings on 3 November 2021, and its email of 8 November 2021 to the Authority was disingenuous. 45. Horizons assertion of abuse of process was put, with a degree of confusion between them, in essentially two ways. (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.)

When you search for Dermatologist (Skin), you will be able to see Filters on the right. Copyright 2022 Surperformance. On 7 November 2021, Horizon and ABIS filed a complaint with the Authority purportedly in accordance with Article 110 of the Insurance Law. 3. For convenience, I will continue to refer to the Authority. 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. Horizon did not wait for ABNIC to revert. 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. The connection with Sharjah in any event cannot be taken too far. 42. 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.. 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. You can also search by choosing a speciality and location In UAE.2. 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. The last filter is Language. 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. The considerations underlying the doctrine, avoidance of a party having to litigate in two places at once and avoidance of possibly inconsistent decisions, may be added to Horizons complaint earlier described when asking whether in all the circumstances the bringing of these proceedings by ABNIC was an abuse of process. ABNIC was notified of the complaint on the day it was filed, 7 November 2021. 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. ABNICs submissions included that the doctrine had no application when the parties had agreed to confer jurisdiction on the court in which it had brought its proceedings, but I do not think that is correct: it remains that invoking the agreed jurisdiction may bring the doctrine into play. Registrar End-of-day quote The DIFC Courts, as courts created by laws of the Emirate of Dubai, are courts of the Emirates together with all other courts created by laws of the respective Emirates. It is common ground that ABNIC and Horizon did not enter into an arbitration agreement in or in relation to the Policies. 49. It may equally be said that, by agreeing on courts beyond the courts of Sharjah, the parties meant what they said when they made the extended choice of the courts of the UAE, without limitation. 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. An appointment cannot be rescheduled or cancelled after the given time frame. It is an administrative process of partial application, with the committees reporting to the Authority (the Decision, Article 1), and by cl 4 of Article 110 its result may be challenged in a court.

The confusion reveals the difficulty in the argument (which it seems could have been an independent argument against jurisdiction, not via construction of the law and jurisdiction clauses in the Policies). You can filter your specialists based on location, treatment, language, insurance, popularity and gender. 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. 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. On the HeliumDoc homepage search for the treatment or doctor by typing in the search bar. 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. 53. It is then necessary to consider other matters bearing upon the construction of the agreements in the Policies, as submitted by ABNIC in favour of jurisdiction. 44. 31. This is equally applicable to a clause reposing jurisdiction in the courts of the United Arab Emirates. 10. 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. 34. 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. 5. You can also search by choosing a speciality and location In. 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. 40. Abu Dhabi Securities Exchange 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. 23. Umm Al Qaiwain General Investments Company P.S.C. Acne, Acne Scars, Alopecia, Anti-aging, Body Sculpting, Botox, Carbon Laser Peeling, Chemical Peeling, Cosmetic Dermatology, Cosmetic Surgery. Reports Earnings Results for the First Quarter Ended March 31, 2022, Al Buhaira National Insurance Company P.S.C. Where a term is used that on its ordinary and unambiguous meaning applies to the DIFC Courts, the fact that it picks up the onshore courts as well does not negate its application to the DIFC Courts. I order that the application be dismissed, and that the Defendant pay the Claimants costs of the application assessed at AED 300,000. 28. Jurisdictional choices in terms such as Dubai courts and courts of Dubai, or courts of the UAE and United Arab Emirates courts, have been considered on a number of occasions.

26. It is curious that according to the Statements of Costs ABNICs lawyers spent three times as long in attendances on opponents than did Horizons lawyers, and some of the time claimed by ABNICs lawyers was misdirected in the witness statement of Mr Mahmoud Shalab being more submissions than factual. The argument in the skeleton argument may have been overtaken by the debate at the hearing, but it was said at one point that it was an abuse of process for ABNIC to invoke the judicial apparatus of the DIFC, a Financial Free Zone court, and at another that it was an abuse of process for ABNIC to bring its issues relating to onshore insurance into the DIFC which is specifically restrained from permitting or regulating any such insurance by the FFZ Law. AL BUHAIRA NATIONAL INSURANCE COMPANY P.S.C. 15. 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. We advise you to confirm with your insurance provider that your specific plan covers treatment and services at Thumbay Rehab Hospital, Al Jurf-Ajman, If you do not have any form of health insurance or your provider is not one of our health insurance partners, our team will be happy to provide you with an estimated cost for your requested service/treatment at Thumbay Rehab Hospital, Al Jurf- Ajman, For All your appointments please click here. 41. I should add that its submissions included what amounted to a reprise of the argument from the limitation of insurance business in and from the DIFC to reinsurance. 2. b. Central to Horizons claim of abuse of process is Article 110 of the Insurance Law, which it is convenient to set out at once (in the LexisNexis translation used by the parties): 1. 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.. 9. I turn to the second way in which Horizon contended for abuse of process. Date of Issue: 27 April 2022 In Decision No. 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.. 52. After cancelling the appointment, you can schedule another appointment or ask for a refund. 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 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. Horizon submitted that there was reason to give them a different construction, and that they should be understood as agreements to submit any disputes under the Policies to the Sharjah courts, alternatively to the onshore courts of the UAE meaning excluding both the DIFC Courts and the courts of the AGDM. 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. Nour Hineidi The fact that Article 5A(2) contains no requirement for any connection between the DIFC and the parties agreeing to confer jurisdiction upon the DIFC courts, necessarily connotes that prospect.. 4. April 27, 2022 court of first instance - Orders, ORDER WITH REASONS OF JUSTICE ROGER GILES, UPON reviewing the Defendants application no. We accept all major insurances. The reasoning was that the conciliation authority was an integral part of Swiss civil procedure as a mandatory first step in the resolution of civil and commercial disputes within the court system, and that the trial process could not be commenced until it had taken place (see at [63]). 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. 47. 16. 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.

30. 46. I do not think the doctrine is attracted. 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. 24. 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. It was then said that in the present case there was no substantive link between the Policies and the DIFC or even Dubai. 17. I will refer in more detail to the Insurance Law in connection with abuse of process. endstream endobj 97 0 obj <> endobj 98 0 obj <>/Rotate 0/Type/Page>> endobj 99 0 obj <>stream Those instructions may be seen as rushed in the light of the email of 2 November 2021, but equally it can be said that Horizon and ABIS were the ones who rushed, because under Clause 1c of Article 110 the right to submit a complaint only arose when there was dispute concerning a claim, and ABNIC had not rejected the claim but had said that it was considering it. In 2020 it was merged with the Central Bank of the UAE. The second limb of the submission was rather Protean, but in debate at the hearing took shape. Check our list of insurance partners below. 27. 48. 3. 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. 29. We are pleased to announce that we are accepting AL Buhairah National Insurance. 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. 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. Issued by: 0 c. Should a dispute arises concerning any claim, the concerned party shall have the right to submit a written complaint to the Authority which shall also have the right to ask the Company to provide clarifications. It may be noted that there was not a material link in Laabika: Horizons submissions were constrained to call it an outlier. 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. These have been left by patients who have consulted the specialist. 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. (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. 37. Critical to the first of these ways is whether Article 110 precludes ABNIC from bringing the proceedings. 19. 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. This was followed, on 6 April 2021, with a number of specific questions in relation to the location of the Vessel and the circumstances of its disappearance. Select the Video Visits option on the right side of the page. It was asked that the committee require ABNIC to execute its obligation as per the insurance policy conditions and pay US$70 million plus interest. You can also read the ratings and reviews against each doctor. 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. #mc_embed_signup{background:#fff;clear:left;font:14px Helvetica,Arial,sans-serif}. 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. 96 0 obj <> endobj 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. For appointments paid for online, you can cancel or reschedule up to two hours before the scheduled time of the appointment. I therefore do not accept the first way in which Horizon contended for abuse of process. Attention should not be confined to the Vessel many more vessels were insured under the Policies. 6 of 2007 (the Insurance Law) and the dispute resolution procedure in its Article 110.

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.

We partner with a wide range of insurance providers to offer highly specialized care for you and your family. On 6 January 2021 it wrote asking for the date and details of the incident and other information, including the reason for the delay in notifying. 35. ABNICs Statement of Costs is AED 385,927.40 in total; Horizons is AED 269,327.25 in total. 54. After filling the form, make the online payment. This committee shall have the power to request any instruments or documents, have recourse to experts, hear witnesses or adopt any other alternatives to settle the disputes brought before it. At: 10am. As of December 31, 2011, the Company held 100%-stake in its subsidiary, namely Al Buhaira Economic Investments Establishment. Given the width of the choice of the courts of the United Arab Emirates, the connection with Sharjah is not a strong argument for confining the phrase to the Sharjah courts or the onshore courts of the UAE: it does not provide a sensible reason for limiting the agreement on jurisdiction to the Sharjah courts alone out of all the courts of the UAE. 14. SPLKA AKCYJNA, Sector Other Multiline Insurance & Brokers, Assistant General Manager-Sales & Marketing. HARTFORD FINANCIAL SERVICES GROUP (THE), INC. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, POWSZECHNY ZAKLAD UBEZPIECZE? 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. endstream endobj startxref Neither do we see any force in IGPLs submission that the Dubai Courts are not courts of the UAE because they apply Dubai Law, not UAE Law. The refund is subject to a 5% payment gateway fee. HeliumDoc lets you search specifically for Dermatologist (Skin) who accept your insurance in UAE. Nor does it negate that application as specific, clear and express.. 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. 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. 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. 7. Its insured value was US$70 million. In about December 2019, it was discovered by Horizon/ABIS that the Vessel was missing. 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. 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. You can choose the language of your liking and the doctors that speak it will be displayed. 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. %%EOF But Article 110 is confined in its operation. 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. In the event the claim is fully or partially rejected, the Company shall explain the reasons for each decision in writing. 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. hbbd``b`@q`$d I$ o#{h?cw There are difficulties with the complaint. 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. 36. You can search on HeliumDoc specifically for Dermatologist (Skin) who accept your insurance for video visits by selecting your insurance company from the drop-down menu at the top of the page. 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..

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