Hadef & Partners' Opinion on Service of Process Upheld by a US Court

Analysis

Dr. Faraj Ahnish recently acted as expert witness in respect of a civil claim filed by an individual against a UAE citizen (the Defendant) (published 2 August 2009)

Dr. Faraj A. Ahnish, Managing Partner of Hadef & Partners' Abu Dhabi office, recently acted as expert witness in respect of a civil claim filed by an individual against a UAE citizen (the Defendant). The claim was brought before the United States District Court for the Southern District of Texas, Houston Division (the Court).

Pending before the Court was the Defendant's motion praying that the claim be dismissed on, amongst other grounds ‘‘improper service'' of notification of the Plaintiff's Statement of Claim and excluding the expert witness statement and testimony prepared by a professor of law on the Plaintiff's request.

The Court in its Memorandum Opinion and Order (in support of its judgment) allowed the Defendant's motion for excluding the expert witness statement and testimony filed, by that expert, on behalf of the Plaintiff. The Court noted that: