Claim No: DWT/0005/2013

In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai

IN THE SPECIAL TRIBUNAL TO DECIDE THE DISPUTES RELATED TO THE SETTLEMENT OF THE FINANCIAL POSITION OF DUBAI WORLD AND ITS SUBSIDIARIES

BETWEEN

PLATINUM SERVICES COMPANY PJSC

                                                                                                                                       Claimant

-v-

 

(1) DP WORLD LIMITED

(2) DP WORLD SOKHNA SAE

                                                                                                                                     Defendants


    CASE PROGRESS ORDER OF MARK BEER


UPON reviewing the Case file:

AND UPON reading (1) the Defendants’ Note dated 1 September 2015, (2) the updated Case Management Bundle filed by the Claimant, (3) the Pre-Trial Review Bundle filed by the Defendants, (4) the letter dated 2 September 2015 from the Claimant’s solicitors to the Registrar, and (5) the two letters dated 2 September 2015 from the Claimant’s solicitors to the Defendants’ solicitors;

AND UPON hearing the Lead Counsel for the Claimant and Lead Counsel for the Defendants at the Case Progress Hearing held by video conference on 3 September 2015;

AND UPON the Defendants undertaking that they shall provide their comments (if any) concerning the Claimant’s proposals in relation to the trial bundles by no later than 6 September 2015;

AND UPON the parties agreeing that UAE law is inapplicable, and that the Claimant should have permission to amend its pleading accordingly;

AND UPON the parties agreeing that Mr. Mohammed Sharaf and Mr. Sultan Ahmed Bin Sulayem shall be treated as being the Claimant’s witnesses for the purpose of their examinations;

AND UPON the parties having indicated that that they intend to take the steps set out in square brackets in the attached Timetable to Trial by the dates there indicated;

IT IS HEREBY ORDERED BY CONSENT THAT:

Trial Bundles

  1. The Claimant is to provide the trial bundles to the Defendants by no later than 4 pm on 13 September 2015;
  2. If the parties are unable to agree to the addition of any particular document in the trial bundles, both parties shall be permitted to file supplemental bundles containing non-agreed documents;

UAE Law

  1. The Defendants’ application for their costs of pleading to the UAE law case and procuring expert evidence concerning UAE law shall be stood over to be heard at a date to be determined by the Registrar or Tribunal, upon application;

Issues concerning Witnesses

  1. Upon the Defendants undertaking to ensure that Mr. Mohammed Sharaf will be available for examination as soon as the cross-examination of Mr. Marie concludes (which is likely to be on the afternoon of Monday 5 October 2015 or the morning of Tuesday 6 October 2015), and that Mr. Sultan Ahmed Bin Sulayem will be available for examination as soon as the examination of Mr. Mohammed Sharaf concludes, it is ordered that the examinations of Mr. Mohammed Sharaf and Mr. Sultan Ahmed Bin Sulayem shall take place at those times, rather than on the dates stated in the witness summonses issued to them (12 and 13 October 2015 respectively). Each witness summons shall otherwise remain force until the witnesses are released;
  1. Witnesses will endeavour to give evidence in English but shall be permitted to have an Arabic-English interpreter available to provide assistance if necessary;
  1. It shall not be permissible for any witness to be present in the hearing room after the conclusion of oral opening submissions until he testifies. Once his examination has been concluded, he is permitted to be present in the hearing room;
  1. From the time at which Mr. Mohammed Sharaf’s examination begins, it shall not be permissible for a transcript of, or information concerning, the testimony given by Mr. Mohammed Sharaf or Mr. Sultan Ahmed Bin Sulayem or any of the factual witnesses to be called by the Defendants (“a Witness”) to be provided to another Witness before that other Witness has himself testified. For the avoidance of doubt, this order does not prevent the Defendants’ legal team from taking instructions from a Witness who has yet to testify concerning a matter which has arisen in the course of the examination of another Witness, so long as a transcript of, or information concerning, the testimony which the other Witness has given in relation to that matter is not provided to the Witness who has yet to testify. Should the Claimant seek and be granted permission to adduce factual evidence from any witness other than Mr Marie, the same rules shall apply mutatis mutandis;

Skeleton arguments and written opening submissions

  1. The Claimant shall file and serve its skeleton argument /written opening submissions (if any) by no later than 4 pm on 29 September 2015;
  1. The Defendants shall file and serve their skeleton argument / written opening submissions (if any) by no later than 4pm on 30 September 2015;

Trial

  1. Subject to paragraph 3 above, the costs of this Case Progress Hearing shall be costs in the case;
  1. Liberty to apply.

Issued by:
Mark Beer
Registrar
Date of issue: 17 September 2015
At: 4:30 pm

SCHEDULE – PROVISIONAL TIMETABLE TO TRIAL

[Events in square brackets are those which the parties have indicated that they intend to take and will endeavour to take by the correspondening date, but which are not subject to an order of the Tribunal or an undertaking to that effect.]

Date Event
done [Defendants to respond to Claimant’s second letter dated 2 September 2015 concerning Defendants’ Production Statement.]
done Defendants to provide their comments concerning Claimant’s proposals in relation to trial bundles
[Monday 7 September 2015]

[Done after close of business on 8 September 2015]

[Defendants to inform Claimant which (if any) of the proposed amendments are consented to]
[circa Wednesday 9 September 2015] [Claimant to make an application concerning its proposed amendments to its Particulars of Claim]
[Friday 11 September 2015] [Claimant to clarify its case concerning applicable law]
Sunday 13 September 2015 Claimant to deliver trial bundles to Defendants
[circa Sunday 13 September 2015] [Claimant to make any application concerning further evidence]
[Monday 14 September 2015] [Defendants to respond to any application concerning amendments]
[circa Tuesday 15 September 2015] [Registrar to liaise with the Tribunal in relation to determination of any application concerning amendments]
Tuesday 22 September 2015 Egyptian law supplemental reports
Thursday 17 September 2015 Claimant’s supplemental quantum report
Sunday 20 September 2015 Claimant to lodge trial bundles with Registry
Thursday 24 September 2015 Defendants’ supplemental quantum report
Tuesday 29 September 2015 Claimant’s written opening to be filed
Tuesday 29 September 2015 Claimant to lodge agreed chronology with Registry
Wednesday 30 September 2015 Defendants’ written opening to be filed
Wednesday 30 September 2015 Single joint reading list to be lodged with Registry
Sunday 4 October 2015 Trial commences