DIFC 015/2022
Horizon Energy LLC v Al Buhaira National Insurance Company
Type
Case
Court
Dubai International Financial Centre - Court of Appeal
Jurisdiction
Dubai International Financial Centre, United Arab Emirates, Sharjah
Taxonomy
Insurance Contract, Admiralty, Shipping & Navigation, Jurisdiction & Choice of Law
Decision date
19 Apr 2023
Panel
HE Justice Shamlan Al Sawalehi, Justice Lord Angus Glennie, and Justice Robert French
Catchwords
Maritime Insurance - Avoided Insurance Contract - Court Jurisdiction - Insurance Authority - Dispute Resolution Process - Appeal
This case involved whether the DIFC Court of First Instance had jurisdiction to consider a case in which had insurance company had requested a declaration that a marine insurance policy was avoided because of the conduct of the insured. Issues included whether within the contract there had been a DIFC Court jurisdictional choice made and if such a choice was possible because this was an insurance contract. A key point was the remit of a clause in the UAE insurance law detailed an initial dispute resolution procedure with the onshore insurance authority . Also considered was where the appeal should be struck out because of delays in filing the skeleton argument.