32 Cases
Thirty-two cases were filed before the Court in 2021. Thirty-eight judgments were issued throughout the year dealing with a broad range of matters including those relating to (i) arbitration (ii) banking and finance, (iii) breach of contract claims, (iv) debt recovery, (v) employment, (vi) insolvency, and (vii) regulatory breaches. Judgments of the Court are available on the QICDRC website.
Arbitration
C v D [2021] QIC (F) 8
The First Instance Circuit of the Court (Justices Kirkham, Blair, and Brand) heard the first arbitration related application to be filed before the Court following the enactment of Law No 2 of 2017. The Court held that, pursuant to the relevant provisions of that law, it had the jurisdiction to hear a matter involving two non-QFC parties in circumstances where the Court was the court of the seat of the arbitration pursuant to the contractual agreement of the parties. Although it had jurisdiction, it declined to grant the interim relief sought.
Commercial and Contract
Protech Solutions LLC v Qatar Islamic Bank QPSC [2021] QIC (A) 6
The Appellate Division of the Court (Lord Thomas, President, Justices Rajah SC and Al Sayed) dismissed an appeal concerning a dispute over a professional services agreement between a leading Islamic bank and a tech-company established in the QFC. In addition to dismissing the substantive appeal, the Court rejected an argument advanced on behalf of the bank that the courts should not make awards of interest as to do constitutes usury. On the subject of expert evidence, the Appellate Division observed that it would only allow expert evidence to be called before it in unusual circumstances, which were not present in this case.
Business Box Consultancy LLC v Abdulla Fakhroo [2021] QIC (F) 22
The First Instance Circuit of the Court (Justices Robertson, Al Anezi, and Brand) ordered the Defendant to make payment in the sum of QAR 20,000 plus compensation to the Claimant in light of his failure to pay for contractual services provided.
John and Wiedeman LLC v Trimoo Parks LLC and Others [2021] QIC (F) 21
The First Instance Circuit of the Court (Justices Kirkham, Hamilton, and Al Anezi) ordered the First Defendant to pay QAR 416,539 plus interest and costs in respect of legal services provided by the Claimant which had not been settled.
Nasco Qatar LLC v Misr Insurance (Qatar Branch) [2021] QIC (A) 4
The Appellate Division of the Court (Lord Thomas, President, Justices Kirkham and Brand) refused permission to appeal, rejecting arguments that the judgment of the First Instance Circuit offended the principle of Order Publique and was wrong in its approach to the issue of limitation.
Costs
Nasco Qatar LLC v Misr Insurance (Qatar Branch) [2021] QIC (F) 17
The First Instance Circuit of the Court (Justices Robertson, Hamilton, and Al Anezi) dismissed a challenge to a costs assessment undertaken by the Registrar as being "without merit".
John and Wiedeman LLC v Trimoo Parks and Others [2021] QIC (C) 9
The Registrar awarded costs to the successful Claimant in the sum of USD 45,825.
Nasco Qatar LLC v Misr Insurance (Qatar Branch) [2021] QIC (C) 4
Following a trial before the First Instance Circuit and an unsuccessful appeal before the Appellate Division of the Court, the Registrar assessed costs in the sum of QAR 239,000.00. The Registrar determined that he had no power to assess costs in respect of proceedings before the Appellate Division of the Court in circumstances where the Court had been silent on the issue of liability for costs.
John and Wiedeman LLC v Integrated Intelligence Services and Trading LLC [2021] QIC (C) 3
The Registrar awarded costs at less than 50% of the amount claimed on the basis that the number of hours claimed were wholly disproportionate to the issues and amount involved in the case.
Obayashi Qatar LLC and HBK Contracting Co. WLL v Qatar First Bank (Public) [2021] QIC (C) 1
The Registrar awarded costs in the sum of QAR 758,827.90, finding that the claim for QAR 1,607,932.60 was wholly disproportionate to the issues in the case.
Employment
Norris Ghaleb Qtaishat v DWF LLP (QFC Branch) [2021] QIC (F) 18
The First Instance Circuit of the Court (Justices Kirkham, Brand, and Mountfield QC) ordered the Defendant law firm to provide to one of its former employees a no-objection letter so that he could have his personal belongings shipped from the State of Qatar.
Syed Meesam Ali Mousvi v Aegis Services LLC [2021] QIC (F) 16
Following a trial, the First Instance Circuit of the Court (Justices Kirkham, Brand, and Mountfield QC) awarded damages in favour of an employee who, the Court found, had had unlawful deductions made from his salary, had not been paid his last month's salary, and had not been given proper notice of the termination of his employment contract. In addition, the Court made a further award of damages for the loss of income suffered by the employee as a result of not having been furnished with a non-objection certificate, as required by the provisions of the QFC Employment Code. Finally, the Court declared a non-competition clause within the employee's contract of employment unenforceable on the basis that it constituted an unreasonable restraint of trade contrary to Article 20 of the QFC Employment Regulations.
Samia Abdel Rahim Othman Shqair v Aegis Services LLC [2021] QIC (F) 13
The First Instance Circuit of the Court (Justices Kirkham, Brand, and Mountfield QC) issued declaratory relief, holding that a non-competition clause within an employment agreement constituted an unreasonable restraint on trade and was therefore unenforceable.
Expert Evidence
Business Box Consultancy LLC v Abdulla Al Darwish Fakhro [2021] QIC (A) 8
The Appellate Division of the Court (Lord Thomas, President, Justices Al Sayed and Malek QC) refused permission to appeal in a case concerning a dispute over a feasibility study. The Court took the opportunity to set out some important points of principle and practice in relation to the issue of expert evidence.
Insolvency
Noble Clean Fuels Limited v PowerGlobe LLC [2021] QIC (F) 19
The First Instance Circuit of the Court (Justices Hamilton, Al Anezi, and Malek QC) ordered that the Respondent company be wound up pursuant to the QFC Insolvency Regulations as it was deemed unable to pay its debts.
In the Liquidation of PowerGlobe LLC [2021] QIC (F) 24
The First Instance Circuit of the Court (Justices Hamilton, Al Anezi, and Malek QC) dismissed an application to stay the winding up of the applicant company
Jurisdiction
BusinessBox Consultancy LLC v Abdulla Al Darwish Fakhro [2021] QIC (F) 11
The First Instance Circuit of the Court (Justices Robertson, Al Anezi, and Brand) rejected a jurisdictional challenge, noting that the challenge was based on the incorrect premise that the Court was an arbitral tribunal as opposed to a judicial body.
Amberberg Limited v Aycan Richards [2021] QIC (F) 1
The First Instance Circuit of the Court (Justices Kirkham, Arestis and Malek QC) ruled that the Court had no jurisdiction to hear a claim where the Claimant company’s only connection with the QFC was that it was a 100% shareholder of a QFC company.
John and Wiedeman LLC v Trimoo Parks LLC and Others [2021] QIC (F) 4 and [2021] QIC (F) 5
In two judgments issued by the First Instance Circuit of the Court (Justices Kirkham, Hamilton, and Al Anezi), the Court observed that the effect of Article 8(3)(C)(c/3) and (c/4) of the QFC Law is that the Court will have jurisdiction (assuming the criteria in those sections are met) unless the parties ‘opt out’ of them; there is no requirement that parties ‘opt it’ in order for the jurisdictional provisions to take effect. The Court also rejected an argument that because the pleadings had been filed in English they should be declared null and void, the Court observing that it had been duly authorised by the legislator to conduct proceedings in English. The Court recognised, however, the right of a party to conduct its case in Arabic if it so wished.
Amberberg Ltd v Aycan Richards [2021] QIC (A) 3
The Appellate Division of the Court (Lord Thomas, President, Justices Robertson and Al Anezi) refused permission to appeal, observing that the First Instance Circuit of the Court was “plainly and obviously right” when it found that it had no jurisdiction under Article 8 of the QFC Law to hear a claim where neither party was established in the Qatar Financial Centre.
Ahmed Mohammed Youssef Hassan v Arab Jordan Investment Bank (Qatar) LLC [2021] QIC (F) 7
The First Instance Circuit of the Court (Justices Hamilton, Al Anezi, and Brand) concluded that it had no jurisdiction to assist a Claimant in obtaining documentation from a QFC registered Defendant, to assist him in ongoing proceedings before the national Qatari courts. The Court observed that “The point is novel and may call for consideration by those having legislative responsibility in Qatar”.
Regulatory
X and Y v Qatar Financial Centre Authority [2021] QIC (A) 7
The Appellate Division of the Court (Lord Thomas, President, Justices Hamilton and Al Anezi) allowed an appeal from a Decision of the Regulatory Tribunal, finding that the respondent had failed to serve the appellants with its original decision notices in accordance with the provisions of the QFC Law.
Qatar Financial Centre Authority v Horizon Crescent Wealth LLC [2021] QIC (F) 20
The First Instance Circuit of the Court (Justices Kirkham, Blair, and Al Anezi) ordered that a financial penalty of USD 280,000 imposed upon the Respondent was a debt payable to and recoverable by the Authority.
Procedure
Mohamed Abdulaziz Mohamed Ali Al Emadi v Horizon Crescent Wealth LLC [2021] QIC (F) 12
The First Instance Circuit of the Court (Justices Hamilton, Brand, and Mountfield QC) struck out the Defendant’s Defence on the basis of its failure to comply with an Order of the Court. The judgment also explores matters relating to debarring orders and security for claim.
Summary Judgment
Bank Audi LLC v Al Fardan Investment Company and Others [2022] QIC (F) 2
The First Instance Circuit of the Court (Justices Kirkham, Hamilton, and Brand) granted (in part) the Claimant’s application for summary judgment in respect of a dispute over a number of multi-million riyal bank loans.
Dentons & Co (QFC Branch) v United Investment Business Management (UNIVEST) LLC [2021] QIC (F) 25
The First Instance Circuit of the Court (Justices Robertson, Arestis, and Brand) awarded the Claimant summary judgment in the sum of USD 52,992.09 plus interest in a case concerning unpaid legal fees.
Mohamed Abdulaziz Mohamed Ali Al Emadi v Horizon Crescent Wealth LLC [2021] QIC (F) 23
The First Instance Circuit of the Court (Justices Hamilton, Brand, and Mountfield QC) granted summary judgment in favour of the Claimant who was seeking monies said to be owed pursuant to an oral employment contract. The Court ordered payment of QAR 4,292,000 plus interest. The Court refused summary judgment in respect of the bonus and contractual expenses element of the claim, providing the Claimant with an opportunity to proceed to trial on those issues should he so wish.
Bank Audi Company LLC v Marina Trading and Contracting Company WLL and Others [2021] QIC (F) 15
The First Instance Circuit of the Court (Justices Robertson, Arestis, and Brand) granted summary judgment in a sum of just under QAR 10 million in respect of a case involving an unpaid banking loan. No defence having been filed, summary judgment was entered against the principal defendant and the various guarantors.
Qatar Financial Centre Authority v Encryptics Data Security LLC [2021] QIC (F) 14
The First Instance Circuit of the Court (Justices Kirkham, Arestis, and Malek QC) granted summary judgment in favour of the QFCA in circumstances where it had issued a Decision Notice against the company which the company had not appealed to the Regulatory Tribunal, nor had it sought to defend the matter before the Court.
Bank Audi LLC v New Horizon Contracting and Maintenance WLL and Others [2021] QIC (F) 9
The First Instance Circuit of the Court (Justices Robertson, Arestis, and Brand) granted summary judgment in favour of the Claimant bank which was seeking to recover in excess of QAR 1,000,000 relating to an unpaid loan.
John and Wiedeman LLC v Integrated Intelligence Services and Trading LLC [2021] QIC (F) 10
The First Instance Circuit of the Court (Justices Robertson, Arestis, and Al Anezi) granted summary judgment in favour of the Claimant law firm which was seeking to recover unpaid legal fees.
Qatar Financial Centre Authority v Awan Media International LLC [2021] QIC (F) 6
The First Instance Circuit of the Court (Justices Arestis, Malek QC, and Mountfield QC) granted summary judgment in favour of the QFC Authority which was seeking to recover unpaid annual fees from the Defendant company.
Trusts
Ileana Mercedes D’Lacoste and Another v Horizon Crescent Wealth LLC and Others [2022] QIC (F) 1
The First Instance Circuit of the Court (Justices Kirkham, Blair and Al Anezi) granted a stay of proceedings in light of an ongoing criminal investigation.
