Court Case Archives - Fichte & Co Legal

Shipping Lawyers at Fichte and Co Finally Activated Arrest Documents to Rescue the Stranded Sailors

Fichte Legal — Sun, 14 Apr 2019 03:42:45 +0000

The first of seven ships abandoned at sea, with more than 30 crew on board, are being towed to shore after arrest warrants were served against a UAE firm. It is the beginning of the end of almost three years of misery for some seafarers, locked in limbo without pay as their employers faced financial …

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Enforcement Of Foreign Judgements 2018

Fichte Legal — Sun, 08 Apr 2018 04:04:32 +0000

Fichte & Co is thrilled to announce our contribution to Enforcement of Foreign Judgement 2018. Our Managing Partner, Jasmin Fichte and Partner, Alessandro Tricoli have contributed to the 3rd edition of ICLG, the International Comparative Legal Guide. The UAE chapter consists: Various regimes applicable to recognising and enforcing judgments in UAE jurisdiction and the list of …

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Judicial Tribunal rejects DIFC Court jurisdiction

Alessandro Tricoli — Tue, 07 Feb 2017 07:33:36 +0000

In a noteworthy first decision, the Judicial Tribunal for the Dubai Court and DIFC Court (JT), established to decide conflicts of jurisdiction between the two courts, has ruled on 27 January 2017 that Daman Real Capital Partners Company LLC v. Oger Dubai LLC case should be remitted for trial by the Dubai Court, and that the …

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Double Jeopardy?

Fichte Legal — Mon, 23 May 2016 07:30:36 +0000

UK Supreme Court judgment on OW Bunker, The Judgment in Brief: The long awaited Judgment by the UK Supreme Court (“UKSC”) was handed down on 11th May 2016 in which they unanimously dismissed the appeal by PST Energy 7 Shipping LLC and Product Shipping and Trading S.A., the owners and managers of the Vessel Res …

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Shipowners May Have To Pay Twice!

Moaz Forawi — Thu, 19 May 2016 06:44:43 +0000

Although the outcomes of arrest proceedings are becoming more predictable to the reassurance of physical bunker suppliers, it appears that shipowners will continue to be at risk of having to pay OW Bunker or its assignees under London arbitration proceedings as well as the physical suppliers if their vessels are arrested in Dubai. Following the …

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OW BUNKER – The Saga Continues?

Fichte Legal — Mon, 15 Feb 2016 06:39:19 +0000

After OW Bunker’s insolvency, Owners were faced with the risk of having to pay twice for the same bunkers – once to OW Bunkers / ING who had a contractual claim, and once to physical suppliers who arrested the supplied ships on the basis of statutory rights. In many jurisdictions, courts were tasked to decide …

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OW Bunker fallout

Fichte Legal — Sun, 13 Dec 2015 00:09:06 +0000

Khorfakkan Federal Appeal Court’s ruling supports local bunker suppliers’ position and rejects ING’s claims: By way of background, subsequent to the liquidation of OW Bunker Middle East DMCC (“OWBME”), Shipowners found themselves in the unenviable position that they were subject to double demand for payment by way of demands from both physical suppliers (“PS”) and …

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Enforcement – The Gulf Widens

Fichte Legal — Sun, 08 Nov 2015 11:01:32 +0000

The Gulf widens between the Enforcement of Foreign Judgments and Foreign Arbitral Awards in the DIFC as a result of a recent ruling of the Dubai International Financial Centre Courts (“DIFC”) Court of First Instance (“CFI”) (CFI 043/2014 – DNB Bank ASA v. (1) Gulf Eyadah Corporation (2) Gulf Navigation Holding PJSC (“Eyadah”), ruling of …

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Fichte contributes to “Enforcement of Judgments and Arbitral Awards” book

Fichte Legal — Mon, 02 Nov 2015 05:41:07 +0000

We were pleased to contribute to the Enforcement of Judgement and Arbitral Awards: A Global Guide from Practical Law. Managing Partner Jasmin Fichte along with Partner Alessandro Tricoli provided insights on the key issues in enforcement and arbitral awards in the UAE. Covering 27 jurisdictions, each chapter addresses a range of topics including definitions and …

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Exceptional Victory for Shipowner

Fichte Legal — Sun, 01 Mar 2015 04:57:51 +0000

Late last year, the Dubai Court of First Instance made an order in favour of the Shipowner for AED 10 million in compensation for wrongful arrest. The judge ruled that the Claimant had been unlawful in arresting the Shipowner’s vessel to secure his claim against the Defendant. Fichte & Co subsequently filed a civil arrest …

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