42 Cases
42 cases were filed before the Court in 2022. 42 judgments/decisions were issued throughout the year in a broad range of matters, including: (i) criminal investigations and money laundering; (ii) loan agreements and guarantees; (iii) joint liability; (iv) jurisdiction and the Hague Conference on Private International Law; (v) disclosure; (vi) insolvency, winding up, and administration orders; (vii) QFC Contract Regulations; (viii) QFC Employment Regulations; (ix) immigration; (x) whistleblowing; (xi) interest; (xii) tax; (xiv) jurisdiction and the Qatar Free Zones; and (xv) unfair prejudice between shareholders. All of the Court’s judgments are available on the QICDRC website.
Appeals
ADIL BASHIR AHMED v 360 NAUTICA LLC [2022] QIC (A) 7
There were two issues before the First Instance Circuit: (1) When for the purposes of remuneration under the contract the Respondent’s employment began; (2) Whether the Respondent had been paid his full entitlement to remuneration under the contract.
Nigel Perera v Qatar Financial Centre Regulatory Authority [2022] QIC (A) 6
The Appellate Division of the Court (Lord Thomas, President, Justices Rajah SC and LI SC) dismissed the appellant's appeal against a decision of the Regulatory Tribunal. [QICDRC]
John and Wiedeman LLC v Trimoo Parks LLC and Others [2022] QIC (A) 5
The Appellate Division of the Court (Lord Thomas, President, Justices Brand and Mountfield QC) dismissed the appellant's appeal against a judgment of the First Instance Circuit of the Court. [QICDRC]
Fadi Sabsabi v Devisers Advisory Services LLC [2022] QIC (A) 4
The Appellate Division of the Court (Lord Thomas, President, Justices Mountfield QC and Malek QC) refused permission to appeal a judgment of the First Instance Circuit of the Court which had held that the appellant company had made a material misrepresentation to the individual respondent, awarding the latter damages as a result. [QICDRC]
Prime Financial Solutions LLC v QFC Employment Standards Office [2022] QIC (A) 3
The oral application for permission to appeal against the decision of the Regulatory Tribunal (Sir William Blair (Chairman), Justice Laurence Li and Justice Muna Al Marzouqi) was heard solely on the issue as to whether two employees who claimed that they had acted as whistleblowers had satisfied the requirement of acting in good faith.
John and Wiedeman LLC v Trimoo Parks LLC and Others [2022] QIC (A) 2
The Applicant brought proceedings in 2020 against all the Respondents in the First Instance Circuit for unpaid fees for legal services which had been provided.
Banking
Bank Audi LLC v Al Fardan Investment Company and others [2022] QIC (F) 20
This was a case in which the Court dealt with a counterclaim for, inter alia, breach of contract and negligent misstatement, brought by the Third Defendant against the Claimant in respect of a $20m investment in a Lebanese bank. The counterclaim failed. [QICDRC]
Daruna For Real Estate Brokerage Co. LLC and Sheikh Nasser bin Abdulrahman bin Nasser Al Thani v Qatar First Bank LLC [2022] QIC (F) 14
The First Instance Circuit of the Court (Justices Hamilton, Brand and Al Marzouqi) ordered the defendant bank to pay nearly QAR 14 million in damages following a successful claim for breach of contract. [QICDRC]
Qatar Financial Centre Regulatory Authority v First Abu Dhabi Bank P.J.S.C [2022] QIC (C) 1
The Registrar issued a determination in relation to the applicable rates of interest in respect of a judgment entered against the respondent bank. Owing to the conduct of the respondent, an enhanced rate of interest was awarded in the event of non-compliance with the terms of the judgment. [QICDRC]
Breach of Contract
Aegis LLC v Doha Insulation Trading & Contracting LLC [2022] QIC (F) 33 and Aegis services LLC v Atayeb kitchen and catering services [2022] QIC (F) 32
These were two successful cases brought by the same company against customers for breach of contract. [QICDRC]
Aegis services LLC v AL Qamra Facilities Management LLC [2022] QIC (F) 29
This was a case in which the Court heard an unsuccessful challenge from the Defendant to its jurisdiction under article 8(3)(c) of the Qatar Financial Centre Law No.7 of 2005, where the underling claim was one of breach of contract. [QICDRC]
Dalba Engineering & Projects Co Limited V Marilon QFZ and Chairman of the Qatar Authority for Investment Freezone [2022] QIC (F) 27
This was a successful application for summary judgment arising out of a breach of contract claim.
Marc Nazih Reaidi v Sangunie Holdings LLC and others [2022] QFC (F) 21
This was a successful application for summary judgment in respect of an individual who had provided consultancy services for which he was not remunerated. [QICDRC]
Fadi Sabsabi v Devisers Advisory Services LLC [2022] QIC (C) 1
The Registrar (Mr. Grout) awarded the Claimant QAR 70,000 in costs following his successful claim against the Defendant in respect of a dispute over the provision of immigration services. [QICDRC]
Serin QFC LLC v Nadeem Mohammed Hanif [2022] QIC (F) 10
The First Instance Circuit of the Court (Justices Arestis, Al Anezi and Mountfield QC) granted the Claimant summary judgment in a case concerning a dispute over the sale of a luxury vehicle. [QICDRC]
Fadi Sabsabi v Devisers Advisory Services LLC [2022] QIC (F) 5
The First Instance Circuit of the Court (Justices Kirkham, Arestis, and Brand) ordered the Defendant company to reimburse the Claimant fees paid in respect of visa application consultancy services after the Court concluded that the Defendant had made material misrepresentations to the Claimant which had induced him to enter into the agreement with it. [QICDRC]
Company Law
Hyperym LLC v Mehmoud UL Hassan Lodhi [2022] QIC (F) 26
This case concerned the interpretation of article 134(2) of the QFC Companies Regulations 2005. That article provides that a member of a company may apply to the Qatar International Court for an order – inter alia – to provide for the purchase of shares of any member of the company on the grounds that the member in question is acting in a manner that is unfairly prejudicial to the interest of the company and the other members.[QICDRC]
KBF Trading and Contracting Company WLL v (1) Mr. Akram Hidri, and (2) Creatrea LLC [2022] QIC (F) 19
The First Instance Circuit of the Court (Justices Kirkham, Arestis, and Al Anezi) dismissed a claim and counterclaim arising out of a dispute concerning a shareholder and share transfer agreement and made no order as to costs. [QICDRC]
Ms Ileana Mercedes D’Lacoste Agudelo and Ms Eniluz Jhoana Gonzalez Aponte v Horizon Crescent Wealth LLC and Others and Qatar Financial Centre Regulatory Authority [2022] QIC (F) 8
These long-running proceedings before the First Instance Circuit of the Court (Justices Kirkham, Blair and Al Anezi) came to an end after the Claimants withdrew their respective claims. [QICDRC]
Debt
Qatar Financial Centre Regulatory Authority v Horizon Crescent Wealth LLC [2022] QIC (F) 15
The First Instance Circuit of the Court (Justices Kirkham, Blair and Al Anezi) held that the QFCRA may enforce a judgment against the respondent company in order to give effect to the financial penalty imposed upon it by the QFCRA. [QICDRC]
Employment
Meghna V Meinhardt BIM Studios LLC [2022] QIC (F) 30 and Shaikh Akhnil Omer v Meinhardt Bim Studios LLC [2022] QIC (F) 31
These were the ninth and tenth cases, respectively, against this company for failure to pay end-of-service dues.
Xavier Roig Castello v Match Hospitality Consultants LLC [2022] QIC (F) 24
The Court determined that a provision in a fixed-term contract of employment for termination with notice by either party can constitute “mutual agreement of the Employer and Employee” within the meaning of the QFC Employment Regulations. [QICDRC]
ARWA ZAKARIA AHMED ABU HAMDIEH v LESHA BANK LLC [2022] QIC (F) 17
The complaint was that the defendant had failed to assist in the transfer of her sponsorship to her new employer, as she contends, it was obliged to do as her employer and thereafter her sponsor; and that in consequence, she was precluded from taking up her new employment offered to her in September 2021.
Kundu Dilip and Karen Alagad v Meinhardt Bim Studios LLC [2022] QIC (F) 16
The First Instance Circuit of the Court (Justices Robertson, Arestis and Brand) granted the claimants' claim against the defendant’s employer in respect of unpaid salaries. [QICDRC]
Wernikowski v CHM Global LLC [2022] QIC (F) 13
The First Instance Circuit of the Court (Justices Arestis, Al Anezi and Brand) granted the claimant's claim against the defendant employer in respect of unpaid salary. [QICDRC]
Adil Bashir Ahmed v 360 Nautica Ltd [2022] QIC (F) 12
The First Instance Circuit of the Court (Justices Arthur Hamilton, Fritz Brand, and Helen Mountfield QC) found in favour of the Claimant who claimed unpaid salary from his employer. The Court rejected an assertion by Defendant that the parties had agreed to a deduction from the Claimant's salary. [QICDRC]
Srinivas Patta and Others v Meinhardt Bim Studios LLC and Another [2022] QIC (F) 9
The First Instance Circuit of the Court (Justices Robertson, Brand and Mountfield QC) awarded summary judgment in favour of four Claimants who each sought sums in respect of unpaid salaries. Importantly, the Court noted the rise of unpaid salary claims before the Court and warned that, in future cases, the Court may wish to consider imposing aggravated and/or exemplary damages depending upon the circumstances of the cases before it. The Court also stated that a copy of such judgments should be sent to the appropriate regulator. [QICDRC]
Arwa Zakaria Ahmed Abu Hamdieh V Qatar First Bank LLC [2022] QIC (F) 7
The First Instance Circuit of the Court (Justices Hamilton, Brand, and Mountfield QC) ordered the respondent Bank to take certain positive steps in order to effect the transfer of sponsorship of one of its former employees to a new employer. A trial in relation to the applicant’s claim for damages is due to take place at the end of June. [QICDRC]
Insolvency
In the Matters of Al Razzah Gulf for Services WLL and Anas International Enterprise SpA (both concerning Anas Tec Gulf Engineering LLC) [2022] QIC (F) 4
The First Instance Circuit of the Court (Justices Hamilton, Al Anezi, and Malek QC) heard competing claims for an administration order and winding up order. The Court dismissed the application for an administration order and instead ordered that the subject company be wound up under the provisions of the QFC Insolvency Regulations. [QICDRC]
Jurisdiction
Aarnout Henri Nicolaes Wennekers v Qatar Free Zones Authority [2022] QIC (F) 25
This case was handed down on 5 December 2022. The Qatar Free Zones Authority unsuccessfully challenged the jurisdiction of the Court to deal with an employment dispute (Hamilton, Malik QC, Al Marzouqi). [QICDRC]
Foodino Trading QFZ LLC v Neptune Food Packaging and Trading WLL [2022] QIC (F) 11
The First Instance Circuit of the Court (Justices Kirkham, Hamilton, and Brand) heard the first case involving the expanded jurisdiction of the Court to hear disputes arising out of the Qatar Free Zones. The Court granted summary judgment in favour of the Claimant in a contractual dispute over the quality of packaging for nuts. [QICDRC]
Adil Bashir Ahmed v 360 Nautica LLC and 360 Nautica LLC v Adil Bashir Ahmed [2022] QIC (F) 6
The First Instance Circuit of the Court (Justices Robertson, Hamilton, and Mountfield QC) dismissed the company’s challenge to the jurisdiction of the Court and, in one of the actions, struck out the claim and counterclaim. The remaining claim is listed for trial at the end of June. [QICDRC]
Amberberg Ltd and Another v Thomas Fewtrell and Others [2022] QIC (F) 3
The First Instance Circuit of the Court (Justices Hamilton, Brand, and Mountfield QC) considered, for the first time, the question of jurisdiction arising pursuant to article 9.2 of the Regulations and Procedural Rules of the Court (which provides that “Consequently and in accordance with fundamental international principles and international best practice, the Court will take into account the expressed accord of the parties that the Court shall have jurisdiction”). The Court held, on the particular facts of the case before it, that it did have jurisdiction to hear the case pursuant to that article.
Tax
Qatar Financial Centre Authority v Horizon Crescent Wealth LLC and others [2022] QFC (F) 22
The Court heard and granted applications for summary judgment against six Defendants who had failed to pay various taxes and other sums due to the QFCA under the QFC Tax Authorities (Justices Blair, Krikham, and Al-Anezi). [QICDRC]
Loan Agreements and Guarantees
Bank Audi LLC v Al Fardan Investment Company LLC and Others [2022] QIC (F2)
This is an application for summary judgment against five respondents (Justices Kirkham, Hamilton, and Brand).
Regulatory
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.