On 18 November 2020 Horizon notified ABNIC that the Vessel had disappeared, and on 25 October 2021 it gave formal notice of a claim for its loss.

36.

One or more committees shall be formed in the Authority to be in charge of settling the disputes arising from the insurance policies, activities and services. (function($) {window.fnames = new Array(); window.ftypes = new Array();fnames[1]='FNAME';ftypes[1]='text';fnames[0]='EMAIL';ftypes[0]='email';}(jQuery));var $mcj = jQuery.noConflict(true); Stroke / Paralysis (Neurological Rehabilitation), Thumbay Physical Therapy & Rehabilitation Hospital. The second limb of the submission was rather Protean, but in debate at the hearing took shape. The insurance company shall process the insurance claims according to the legislations in force and the provisions of the insurance policies based on the following procedures: a. In my view, reason has not been shown to depart from the ordinary and natural meaning of the conferring of jurisdiction on the courts of the United Arab Emirates as including the DIFC Courts. In the event the claim is fully or partially rejected, the Company shall explain the reasons for each decision in writing. b.

It was said that ABNIC rushed to issue the proceedings first, by the instructions on 3 November 2021, contrary to its representation to Horizon on 2 November that it would consider the matter and revert in due course. Complaint to the Authority and the decision of a committee may be a mandatory first step where an insured disputes the full or partial rejection of a claim or raises some other dispute, but not where the insurer brings proceedings. Most insurers in UAE provide coverage for video visits at the same cost as clinic visits.

It is evident that ABNIC will not participate in the proceedings before the committee, and an excessive burden on Horizon is not clear.

40. I therefore do not accept the first way in which Horizon contended for abuse of process. The submission cannot be taken too far, since if jurisdiction is conferred on the DIFC Courts, it is shared also with the other courts of the UAE which have a civil system and operate in Arabic.

Neither do we see any force in IGPLs submission that the Dubai Courts are not courts of the UAE because they apply Dubai Law, not UAE Law. Nour Hineidi On 7 November 2021, Horizon and ABIS filed a complaint with the Authority purportedly in accordance with Article 110 of the Insurance Law.

4. There was no occasion for ABNIC to dispute the availability of the Article 110 dispute resolution procedure until November 2021, and deliberate frustration or stymieing of Horizons invocation of that process in response to notice of the complaint cannot readily stand with the instructions on 3 November 2021, before any such notice, to decline cover and bring the proceedings. To book an appointment with HeliumDoc follow these steps:1.

Acne, Acne Scars, Alopecia, Anti-aging, Body Sculpting, Botox, Carbon Laser Peeling, Chemical Peeling, Cosmetic Dermatology, Cosmetic Surgery. 2. In short, the agreements in the Policies on the jurisdiction of the courts of the United Arab Emirates (the UAE) in their ordinary meaning confer jurisdiction on the DIFC Courts, as courts of the UAE, and are specific, clear and express provisions in that respect, unless there is reason from their text or the surrounding circumstances to give them a different construction. In 2020 it was merged with the Central Bank of the UAE. Nor does it negate that application as specific, clear and express..

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53. 27. A state-of-the-art hospital focusing on all aspects of physical therapy and rehabilitation. SPLKA AKCYJNA, Sector Other Multiline Insurance & Brokers, Assistant General Manager-Sales & Marketing.

I turn to the second way in which Horizon contended for abuse of process. 35. -, Al Buhaira National Insurance Company P.S.C.

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It was said that it was clear from Goel that the ordinary meaning of the term the courts of Dubai is capable of meeting the requirement in Article 5A(2) for a specific, clear and express provision conferring jurisdiction on the CFI, and (at [42]): In this case there are no surrounding circumstances to support a construction of the term the Courts of Dubai in the contract which would not apply the ordinary meaning, which includes the DIFC Courts. It is curious that according to the Statements of Costs ABNICs lawyers spent three times as long in attendances on opponents than did Horizons lawyers, and some of the time claimed by ABNICs lawyers was misdirected in the witness statement of Mr Mahmoud Shalab being more submissions than factual. Umm Al Qaiwain General Investments Company P.S.C. 1.

6.

The fact that Article 5A(2) contains no requirement for any connection between the DIFC and the parties agreeing to confer jurisdiction upon the DIFC courts, necessarily connotes that prospect.. The explanation of the circumstances of the loss of the Vessel differed from that in the notification of 25 October 2021 perhaps markedly so, since it was said that the Vessel had been exposed to embezzlement, detention and/or arrest or confiscation by persons not related to the Iranian Government, and/or Iranian Marine, although the notification of 25 October 2021 accompanied the complaint and there may be an error in the translation of the complaint. Rather, it was said, the substantive connection was with Sharjah. d. The complainant, in case of objection to the clarifications provided by the Company, may request that the dispute be referred to the Committee formed by virtue of Article (110) BIS3. In IGPL, as noted above, courts of the United Arab Emirates was held to give jurisdiction to the DIFC Courts, the Court saying: [142] . The dispute resolution process is not an integral part of the judicial system. We accept all major insurances. In about December 2019, it was discovered by Horizon/ABIS that the Vessel was missing.

46. But the question arose, and was the subject of supplementary written submissions, whether the dispute resolution procedure under Article 110 enlivened the doctrine. Assuming that it can be taken into account at all in the construction of the Policies, reduced significance is warranted for the location of the insurer and the insured and the place of their dealings when the Policies were entered into. The considerations underlying the doctrine, avoidance of a party having to litigate in two places at once and avoidance of possibly inconsistent decisions, may be added to Horizons complaint earlier described when asking whether in all the circumstances the bringing of these proceedings by ABNIC was an abuse of process.

The argument in the skeleton argument may have been overtaken by the debate at the hearing, but it was said at one point that it was an abuse of process for ABNIC to invoke the judicial apparatus of the DIFC, a Financial Free Zone court, and at another that it was an abuse of process for ABNIC to bring its issues relating to onshore insurance into the DIFC which is specifically restrained from permitting or regulating any such insurance by the FFZ Law. Consistently with Goel we hold that where the parties agreed to repose jurisdiction in the Courts of Dubai then, absent constructional indication to the country, whether from the text of the contract or surrounding circumstances, the term will be interpreted as a sufficiently specific, clear and express provision for the purposes of Article 5A(2) JAL to confer jurisdiction on the the DIFC CFI.

In Goel, the Court said that it is a constitutional fact that the courts of Dubai are created by the laws of the Emirate, and that courts of Dubai when used in a contract in its ordinary meaning, absent content and purpose pointing in a different direction, refers to all the courts of Dubai. It is, however, a sound consideration that it was intended that the parties should be able if they wished to submit their disputes to the DIFC Courts, as a court operating in English and likely to have greater familiarity with validity, interpretation and application of the Policies.

Those instructions may be seen as rushed in the light of the email of 2 November 2021, but equally it can be said that Horizon and ABIS were the ones who rushed, because under Clause 1c of Article 110 the right to submit a complaint only arose when there was dispute concerning a claim, and ABNIC had not rejected the claim but had said that it was considering it.

The terms of its clauses suggest that it is only the insured who can make a complaint, and this is made clear in the Authoritys decision pursuant to cl 5 of the Article stipulating, amongst other things, the competencies of committees. Where a term is used that on its ordinary and unambiguous meaning applies to the DIFC Courts, the fact that it picks up the onshore courts as well does not negate its application to the DIFC Courts.

1. 48.

Horizon referred to Lehman Brothers Finance AG (In Liquidation) v Kraus Tschira Stiftung GmbH [2014] EWHC 2782 (Lehman Brothers), in which it was held that a mandatory conciliation process prior to litigation under the Swiss Civil Procedure Code amounted to court proceedings and came within a Convention provision for a stay of proceedings involving the same cause of action and between the same parties brought in the courts of different States bound by this Convention.

Horizons assertion of abuse of process was put, with a degree of confusion between them, in essentially two ways. 41. The vessels included the BETA, a tanker of 55,909 GT (the Vessel) owned by a Liberian incorporated subsidiary of Horizon, Al Buhaira International Shipping Incorporated (ABIS). The first written notification of a loss to ABNIC, on 18 November 2020, amounted only to saying that the Vessel had disappeared and asking that ABNIC take the required and immediate procedures for compensating the insured and beneficiary of the insurance contract. As to limiting it to the onshore courts, Horizon could say (but did not) that, since Sharjah does not have an offshore court, the parties did not intend that the phrase include offshore courts of the UAE.

39. If for some reason you do not attend the appointment, the appointment will be marked as a no-show and you will not be entitled to a refund. For whatever reason perhaps because declaratory relief and claims by insurers for negative declarations are not ordinarily available in the civil courts or familiar to the civil authorities - the dispute resolution regime under Article 110 regulates only complaints by an insured against an insurer. insurance dubai company

Issued by: 4.

it cannot be maintained, as IGPL contends, that the DIFC Courts are a creature of Dubai Law, not UAE Law and thus not a court of the UAE. endstream endobj 97 0 obj <> endobj 98 0 obj <>/Rotate 0/Type/Page>> endobj 99 0 obj <>stream 14. HARTFORD FINANCIAL SERVICES GROUP (THE), INC. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, POWSZECHNY ZAKLAD UBEZPIECZE?

Al Buhaira National Insurance Company P.S.C.

The Board shall issue the necessary decisions concerning the formation of the committees according to the provisions of Clause 2 hereof, their competencies, powers, work system, remuneration of their members, experts to which these committees shall have recourse, insurance types and branches concerning which insurance disputes and all other related matters may be resolved before these committees..

On 16 November 2021, ABNIC informed the Authority that Horizons claim had been declined and proceedings seeking declaratory relief had been commenced in the DIFC Courts. Reports Earnings Results for the Full Year Ended December 31, 2021, Al Buhaira National Insurance Company Recommends to Distribute Dividend. 25. It is a consideration that Horizon will need to fight on two fronts, prosecuting its complaint before a committee and defending ABNICs proceedings.

That is, the parties to the insurance contract are left free to agree upon other means of resolving disputes between them. Nor indeed has bringing these proceedings frustrated or stymied the course taken by Horizon and ABIS in filing their complaint with a view to a decision by a committee: there was no evidence that the existence of the proceedings would cause the committee to hold its hand, and the dispute resolution process initiated by Horizon and ABIS can continue. (Horizons submissions criticised ABNIC for not explaining why they said the parties agreement was to submit their dispute specifically to the DIFC Courts: they do not say that.) On the HeliumDoc homepage search for the treatment or doctor by typing in the search bar. 33/2019 Concerning the Regulation of the Committees for the Settlement and Resolution of Insurance Dispute (the Decision), issued on 15 July 2019, it is provided in Article 4 (in the LexisNexis translation): The Committees shall be competent to settle and resolve all Insurance Disputes of all types and classes of insurance arising from the complaints of the Insured, the Beneficiaries or the affected of capacity or interest in the Insurance Dispute against the Company only of any value whatsoever, whether estimated or not..

The governing law of the agreement was regarded as a significant factor in Taaleem. I should add that its submissions included what amounted to a reprise of the argument from the limitation of insurance business in and from the DIFC to reinsurance. Specializes in diagnosing and treating conditions that affect the skin, hair, scalp, and nails, and performing cosmetic procedures. 49. However, this is not a Lehman Brothers situation.

Reports Earnings Results for the First Quarter Ended March 31, 2022, Al Buhaira National Insurance Company P.S.C.

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It should still be asked whether, although ABNIC is not acting contrary to the dispute resolution procedure in Article 110, it can be found in the regime that it is to cover the field so that the only way an insurance dispute can be settled is by a complaint by the insured that is, that it is not open to an insurer to initiate any form of resolution procedure including bringing proceedings. No point is taken that Horizon is denying that the Court has jurisdiction, and at the same time asking that the Court exercise jurisdiction by striking the claims out.

As there explained, the dispute resolution procedure deals only with an insured taking a complaint to the Insurance Authority and even as to such a complaint provides for a challenge to go to (in translation) the competent court if first instance. A link to the DIFC is not necessary for an agreement as referred to in Article 5A(2).

w7na pg ~ ,m8_0ba$[S]>v&3L{,rL{^|k"w("g, `L1H@ fnzDA{ `Mbedv9x'S, jx `B\amx1@D YBS This includes all courts within Dubai, which in turn includes the DIFC Courts..

In IGPL at [137] it was said that where there is an agreement within Article 5A(2) the DIFC Courts are not deprived of jurisdiction even if the claims and underlying facts do not have any connection [to] the DIFC, and the observation of Wayne Martin J in Goel at first instance (Credit Suisse (Switzerland) Ltd v Goel CFI 066/2020 (4 October 2020)) at [60] are apposite, beyond the particular matter of the governing law: Of course I do not overlook the fact that the Guarantee agreements are governed by the laws of Dubai and applicable federal laws, and not by DIFC law. That is the point of an opt-in agreement, and it is common for parties to agree to submit their disputes to, for example, the Commercial Court in England even if there be no connection with the country.

34. The DIFC Courts, as courts created by laws of the Emirate of Dubai, are courts of the Emirates together with all other courts created by laws of the respective Emirates. On some Dermatologist (Skin) cards, you will find a blue label Available at a certain time. But I do not find the submission persuasive to a construction confining the agreement to the jurisdiction of either the Sharjah courts or the onshore courts of the UAE.

19. The reasoning was that the conciliation authority was an integral part of Swiss civil procedure as a mandatory first step in the resolution of civil and commercial disputes within the court system, and that the trial process could not be commenced until it had taken place (see at [63]). When you search for Dermatologist (Skin), you will be able to see Filters on the right. . On the HeliumDoc homepage search for the treatment or doctor by typing in the search bar. For convenience, I will continue to refer to the Authority. Check our list of insurance partners below.

Doctors with these buttons are available for instant confirmation and require no confirmation call. We advise you to confirm with your insurance provider that your specific plan covers treatment and services at Thumbay Rehab Hospital, Al Jurf-Ajman, If you do not have any form of health insurance or your provider is not one of our health insurance partners, our team will be happy to provide you with an estimated cost for your requested service/treatment at Thumbay Rehab Hospital, Al Jurf- Ajman, For All your appointments please click here. There are difficulties with the complaint. national studebakermuseum buhaira insurance al company studebaker museum pdffiller indd snm copy It is likely that if there is a decision by the committee adverse to ABNIC, it will challenge the decision and the challenge will end up in tandem with these proceedings, so that Horizon will have the double burden in any event and will be where it is now.

This helps you find the doctor best suited to your needs in UAE. The most recent considerations were in Goel v Credit Suisse (Switzerland) Ltd [2021] DIFC CA 002 (26 April 2021) (Goel) (courts of Dubai) and Laabika v Ladu [2021] DIFC CA 008 (7 September 2021) (Laabika) (courts of Dubai); courts of the United Arab Emirates was considered in IGPL v Standard Chartered Bank [2015] DIFC CA 004 (19 November 2015) (IGPL), and as later described it was held that it conferred jurisdiction on the DIFC Courts.

However, when the parties have agreed to confer jurisdiction on the DIFC Courts, as I have held, it should not readily be found that invoking that jurisdiction is an abuse of process: courts exist to quell disputes, and good reason is needed for them to decline to do so. The evidence is not entirely clear, perhaps due to a translation difficulty, but it appears that the complaint to the Authority has been referred to a committee formed in accordance with Article 110. One was that there was an abuse of process for ABNIC to seek to sidestep and evade the application of the dispute resolution regime imposed by the Insurance Law. The restriction in cl 3 of the Article on accepting claims before they have been brought before a committee, if it precludes a court from accepting a claim, can apply only to claims against the insurer. After cancelling the appointment, you can schedule another appointment or ask for a refund.

As of December 31, 2011, the Company held 100%-stake in its subsidiary, namely Al Buhaira Economic Investments Establishment. 47. 3. You can also read the ratings and reviews against each doctor.

116 0 obj <>stream After choosing the doctor of your choice, click on Book Now and when asked the consultation type, choose video visit.

The Company provides, along with its subsidiaries, all types of insurance, other than savings and accumulations of funds. There was no evidence or explanation of its present status or fate, and I infer that no decision has been made. The concerned parties shall have the right to challenge the decisions of the committees before the competent court of first instance within thirty days as of the date of their notification of said decision; otherwise, the decision shall be deemed final and enforcible. The Defendant shall pay the Claimants costs of the Application assessed in the amount of AED 300,000. 12. Even if ABNIC had engaged with the Article 110 process, it would have been entitled to challenge an adverse result in the DIFC Courts as a court of competent jurisdiction: there is no real risk of inconsistent decisions. HeliumDoc lets you search specifically for Dermatologist (Skin) who accept your insurance in UAE. methaq takaful

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