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. 34. 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 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). 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. c. Should a dispute arises concerning any claim, the concerned party shall have the right to submit a written complaint to the Authority which shall also have the right to ask the Company to provide clarifications. 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.. The agreements on which ABNIC relies are the law and jurisdiction clauses in the Policies, in identical terms: This contract shall be governed by and construed in accordance with the English law and each party agrees to submit to the exclusive jurisdiction of the courts of the United Arab Emirates. 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 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. 50. I turn to the second way in which Horizon contended for abuse of process. The second limb of the submission was rather Protean, but in debate at the hearing took shape. 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. This committee shall have the power to request any instruments or documents, have recourse to experts, hear witnesses or adopt any other alternatives to settle the disputes brought before it. 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. insurances ngi saico 14. 38. 2. 3. 116 0 obj <>stream The Company is organized into two main business segments: the underwriting of general insurance business segment covers all classes of general insurance, including fire, marine, motor, general accident and miscellaneous, and the Investments segment incorporates investments in marketable equity securities, term deposits with banks and investment properties. endstream endobj 97 0 obj <> endobj 98 0 obj <>/Rotate 0/Type/Page>> endobj 99 0 obj <>stream I therefore do not accept the first way in which Horizon contended for abuse of process. 29. An appointment cannot be rescheduled or cancelled after the given time frame. We partner with a wide range of insurance providers to offer highly specialized care for you and your family. 47. . 44. 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. 7. These have been left by patients who have consulted the specialist. 42. If that doctor is offering a video visit, you will be able to choose between Video visit and Clinic visit.. The arbitration contract shall also be subject to the law and jurisdiction of the United Arab Emirates.. Claims relating to the dispute arising from the insurance policies, activities and services may only be accepted after bringing these disputes before the committee as formed according to the provisions of Clause 2 hereof. On 6 January 2021 it wrote asking for the date and details of the incident and other information, including the reason for the delay in notifying. o.9s C8G|\*8zhGM(xw8DggT1VC+Uey. (The Claim Form had been filed on 10 November 2021, although it was not issued until the next day). According to the evidence, ABNIC had in fact instructed its lawyers to finalise an avoidance letter declining cover under the Policies and to issue the present proceedings on 3 November 2021, and its email of 8 November 2021 to the Authority was disingenuous. 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.. 18. 35. 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. On some Dermatologist (Skin) cards, you will find a blue label Available at a certain time. 25. In Decision No. 0 51. 32. ABNIC asserts jurisdiction under Article 5A(2) of the Judicial Authority Law, Dubai Law No 12 of 2004, which provides: (2) The Court of First Instance may hear and determine any civil or commercial claims or actions where the parties agree in writing to file such claim or action with it whether before or after the dispute arises, provided that such agreement is made pursuant to specific, clear and express provisions.. By the definitions in Article 1 of the Decision, Company means the insurance company and Insurance Disputes means [t]he disputes arising from the complaints of the Insured, beneficiaries or the concerned affected parties against the Company. 3. Acne, Acne Scars, Alopecia, Anti-aging, Body Sculpting, Botox, Carbon Laser Peeling, Chemical Peeling, Cosmetic Dermatology, Cosmetic Surgery. national studebakermuseum buhaira insurance al company studebaker museum pdffiller indd snm copy 1. This was followed, on 6 April 2021, with a number of specific questions in relation to the location of the Vessel and the circumstances of its disappearance. 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. 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. After filling the form, make the online payment. The Policies are in English, and the governing law is English law. insurance (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. 2. When you search for Dermatologist (Skin), you will be able to see Filters on the right. 24. 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. 53. Issued by: 41. We accept all major insurances. It may equally be said that, by agreeing on courts beyond the courts of Sharjah, the parties meant what they said when they made the extended choice of the courts of the UAE, without limitation. We are pleased to announce that we are accepting AL Buhairah National Insurance. You can also filter the doctors by choosing Most Recommended or Most Popular to see the top doctors in UAE. 4. CFI-098-2021/1 dated 27 December 2021 disputing jurisdiction and seeking to have the Claim Form and its service set aside, alternatively seeking to have ABNICs claims struck out as an abuse of process (the Application), AND UPON reviewing the Claimants evidence in answer to the Application dated 24 January 2022, AND UPON reviewing the Defendants evidence in reply dated 14 February 2022, AND UPON reviewing the Claimant and Defendants skeleton arguments dated 29 March 2022, AND UPON hearing Counsel for the Claimant and Counsel for the Defendant at a hearing on 4 April 2022. 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. 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. 8. 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 that regard, the submission included that the DIFC Courts could not receive a challenge as it was put, cannot have jurisdiction under the Insurance Law because, by force of Article 4(4) of the Law Regarding the Financial Free Zones, Federal Law No 8 of 2004, a DFSA authorised company conducting insurance activities in or from the DIFC was restricted to reinsurance business. w7na pg ~ ,m8_0ba$[S]>v&3L{,rL{^|k"w("g, `L1H@ fnzDA{ `Mbedv9x'S, jx `B\amx1@D YBS In about December 2019, it was discovered by Horizon/ABIS that the Vessel was missing. The first limb of the submission began that in the cases in which courts of Dubai or such phrases had been held sufficient, there had been a material and sufficient link between the parties/facts of the case and the DIFC: for example, in Goel that at the time of contracting one of the parties had been a DIFC Licensed Establishment. 23. Horizon was formally incorporated in Dubai, but had had a limited physical presence there and none in the DIFC, and its operations were managed from Sharjah; ABNICs head office was in Sharjah, and the evidence that it provided marine insurance services from its Dubai offices was (Horizon said but ABNIC contested) non-specific; all discussions and negotiations leading to entry into the Policies took place in Sharjah; the Vessel (self-evidently) was at no time in the DIFC, or Dubai, and had not docked or operated in Dubai waters. Umm Al Qaiwain General Investments Company P.S.C. The Company operates through its head office in Sharjah, and a network of branches located in Dubai, Abu Dhabi, Al Ain, Khorfakkan, Fujairah and Ajman. This is equally applicable to a clause reposing jurisdiction in the courts of the United Arab Emirates. After filtering to find the doctor best suited to your needs, you can click the Book Now or Available at a certain time button on the doctor card. 21. Horizons assertion of abuse of process was put, with a degree of confusion between them, in essentially two ways. Taking all matters together, I do not think that in the circumstances in which Horizon and ABIS on the one hand and ABNIC on the other hand acted to make their complaint and to bring these proceedings, respectively, there was an abuse of process by ABNIC, nor is the continuation of the proceedings by ABNIC an abuse of process. 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. %%EOF If that doctor is offering a video visit, you will be able to choose between Video visit and Clinic visit., Emirates Hospital Day Surgery and Medical Center, Dubai Healthcare City, Dubai Dermatologists, Best Obstetricians and Gynecologists in UAE, Dermatologists in American Hospital, Oud Metha, Dermatologists in Novomed Centers, Dubai Marina, Dermatologists in Minal Medical Centre, Jumeirah, Dermatologists in Canadian Medical Center & Plastic Surgery, Jumeirah, Dermatologists in ZO Skin Centre, Umm Suqeim, Dermatologists in Al Garhoud Private Hospital, Al Garhoud, Dermatologists in Al Zahra Hospital, Al Barsha, Dermatologists in American Academy of Cosmetic Surgery Hospital, Dubai Healthcare City, Dermatologists in Zulekha Hospital, Al Nasserya, Dermatologists in Bionix Body Designers Medspa, Al Hudaiba, Dermatologists in iCARE Clinics, Jebel Ali Village, Dermatologists in Zulekha Hospital, Al Nahda, Dermatologists in American Hospital Clinics, Al Barsha, Dermatologists in Dr. Kayle Aesthetic Clinic, Al Manara, Al Buhaira National Insurance Company - ABNIC supported Dermatologists, Abu Dhabi National Insurance Company - ADNIC supported Dermatologists, Whealth International supported Dermatologists, Oman Insurance Company - OIC supported Dermatologists, Video Calls with Obstetricians and Gynecologists, Video Calls with Oral and Maxillofacial Surgeons.