Claim No: ARB 005/2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE
BEFORE JUSTICE SIR RICHARD FIELD
RULING AND DECLARATION OF JUSTICE SIR RICHARD FIELD
UPONthe Defendant’s application to the Joint Judicial Committee under Article 5 of Decree 19 of 2016 (“Decree 19”) dated 29 June 2017
AND UPONhearing Counsel for the Claimant at a hearing on 30 June 2017
AND UPONthe Claimant contending that: (a) a stay
AND UPONthe Claimant applying for an order that the original order shall be suspended until the conclusion of a hearing at a return date to be listed and that the Defendant in the meantime be ordered until the return date, inter alia, to reinstate the YYY signage and branding in the YYY (the “YYY”) and to provide the former Acting General Manager with such assistance as he reasonably requires to act as the General Manager of the YYY subject to any contrary direction issued by, inter alios, the Dubai Department of Economic Development and the Dubai Department of Tourism and Commerce Marketing
AND UPONit being accepted that in the events that had happened a stay pursuant to Article 5 of Decree 19 was in operation
AND UPONthe Court declining to make the order sought by the Claimant by reason of the said stay
THE COURT OF ITS OWN MOTION HEREBY DECLARES THAT:
1. By reason of the said stay, no order could or would be made by the Court consequent on the hearing conducted on Wednesday 28 June 2017.
2. The interim order made following the hearing on 24 June 2017 suspending the original order until the hearing conducted on Wednesday 28 June 2017 lapsed upon the completion of that hearing.
3. By reason of (1) and (2), the original order is no longer suspended and the return date referred to in that order is adjourned generally pending a decision of the Joint Committee on whether the Court has jurisdiction.
Maha Al Mehairi
Date of issue: 2 July 2017