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Gulf Jet and Al Meeza did not adduce any proof to assist these allegations which are inconsistent with the evidence of adduced by the Claimant as well as posture of Al Mulla. While in the absence of any evidence, these are generally basically fanciful and theoretical allegations without any factual or legal Basis and has to be rejected. Obviously within the proof, Gulf Jet did in reality negotiate the phrases of your Leases and Guarantees with expert outdoors counsel, Mr. Miles from Ince Al Jallaf & Co, commenting on many drafts around a period of months. Gulf Jet negotiated and acquired concessions in the phrases on the Leases and caused the closing in the transaction for being protracted.
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Cessna asserted that it absolutely was entitled under the Assures to progress directly towards Each individual Guarantor devoid of very first exhausting Restoration from Gulf Jet as Lessee. (See Segment C, Reveals three- 6.) 87. Last but not least, as set out during the Terms of Reference, Cessna also sought relief in regard on the Dubai Court docket Continuing commenced by Gulf Jet on the basis that these kinds of proceeding was filed in direct contravention on the arbitration arrangement beneath the Lease Agreements as well as Guaranties. In accordance with the arbitration agreements, all disputes arising from or in connection with the Lease shall be finally settled by arbitration beneath the ICC Regulations by a number of arbitrators appointed in accordance Using the reported procedures. Cessna asserted that the subject matter of Gulf Jet's Dubai Court Continuing arose right out of the Leases and as a consequence constituted an impermissible "operate-around", or contravention, with the agreements to arbitrate. Accordingly, pursuant to Short article 28(1) of your ICC Policies and the only real Arbitrator's other powers, Cessna sought an buy in the character of an injunction that Gulf Jet ought to be needed to dismiss its Dubai action with prejudice. B. Posture of Respondent 1, Gulf Jet and Respondent 3 Al Meeza 88. Of their Reply, Respondents 1 and 3 denied all allegations of the Claimant in its Request for Arbitration and denied any liability to Cessna. Respondent three also expressly admitted that he procured the shares of Respondent two in Gulf Jet, but denied that he assumed or turned responsible for the liabilities or debts of Gulf Jet. It absolutely was afterwards clarified in the evidence that the interests of Respondents 2 and 3 in Gulf Jet had been held as a result of other corporate entities managed by each of Respondent 2 and three respectively Which the acquisition in the shares in Gulf Jet controlled by Respondent two was effected by way of a transaction in between Those people wholly owned entities. 89. In their Answer, Respondents one and three reviewed the factual track record on the dealings Using the Claimant in regard of The 2 Plane Leases and asserted several points including the next: a. While in the Lease negotiations, Gulf Jet was the "tiny man within the lease transactions with no chance to negotiate any conditions with the Leases which were being place to it on "a acquire it or leave it foundation" and which were being successfully contracts of adhesion (Answer 1.4, 1.5 and 4.four).
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It is just this Tribunal which presently has jurisdiction to ascertain the statements asserted with the Claimant in opposition to Respondents 2 and three. The fact that this arbitration is a lot more detailed with regard to the functions as well as the statements was and it is an extra motive not to stay this arbitration or to find a lack of jurisdiction by purpose of your commencement of your Dubai Courtroom Proceeding.
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