Matter
FLETCHER I LLC and FLETCHER Ill LLC v FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC and FRAYER TRADING AGENCY LLC (DIFC Court of First Instance ARB-002-2013)
- 28 March 2012United Kingdom
28 March 2012United Kingdom
Arbitral awards dated 28 March 2012, with additional memoranda dated 14 June 2012
- Decision summary
- The arbitrators determined that the Claimants retained their legal rights under the charters and the FRAYER guarantee because the assignment was not absolute under Section 136 of the Law of Property Act 1925. They also determined the outstanding charter hire and the amount due from FRAYER under the guarantee.
Supporting details
5 participantsFLETCHER I LLC
FLETCHER Ill LLC
FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC
FRAYER TRADING AGENCY LLC
Institution
- Arbitrator
- the arbitrators
6 months and 14 days later · 198 days
- 12 October 2012United Kingdom
12 October 2012United Kingdom
Arbitral award dated 12 October 2012, corrected and amended 30 November 2012 and 20 December 2012
- Decision summary
- The award ordered Florance Logistic Solutions (Fabien) LLC and FRAYER Trading Agency LLC to pay the Claimants approximately US $26.5 million plus interest. It was corrected and amended on 30 November 2012 and 20 December 2012.
Supporting details
5 participantsFLETCHER I LLC
FLETCHER Ill LLC
FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC
FRAYER TRADING AGENCY LLC
Institution
- Arbitrator
- the Tribunal
2 years, 9 months and 17 days later · 1020 days
- 29 July 2015United Arab Emirates
29 July 2015United Arab Emirates
Judgment of the DIFC Court of First Instance in Claim No. ARB-002-2013 dated 29 July 2015
DIFC Court of First Instance
- Decision summary
- The Court recognised the arbitral awards and granted leave to enforce them. It held that the tribunal had jurisdiction, the Defendants had not established estoppel, recognition and enforcement were not contrary to UAE public policy, and there was no residual discretion to refuse enforcement; the Defendants were ordered to pay the Claimants’ costs.
Supporting details
19 authorities · 15 participantsFLETCHER I LLC
- Representative
- Tom Montagu Smith (For: FLETCHER I LLC · FLETCHER Ill LLC)
- Representative
- Luke Hacker (For: FLETCHER I LLC · FLETCHER Ill LLC)
- Representative
- Mieke Ziegler (For: FLETCHER I LLC · FLETCHER Ill LLC)
- Representative
- Holman Fenwick Willan Middle East LLP (For: FLETCHER I LLC · FLETCHER Ill LLC)
- Expert
- Dr Habib Al Mulla (For: FLETCHER I LLC · FLETCHER Ill LLC)
FLETCHER Ill LLC
- Representative
- Tom Montagu Smith (For: FLETCHER I LLC · FLETCHER Ill LLC)
- Representative
- Luke Hacker (For: FLETCHER I LLC · FLETCHER Ill LLC)
- Representative
- Mieke Ziegler (For: FLETCHER I LLC · FLETCHER Ill LLC)
- Representative
- Holman Fenwick Willan Middle East LLP (For: FLETCHER I LLC · FLETCHER Ill LLC)
- Expert
- Dr Habib Al Mulla (For: FLETCHER I LLC · FLETCHER Ill LLC)
FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC
- Representative
- Steven Thompson QC (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
- Representative
- Irvine Marr (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
- Representative
- Nicholas Braganza (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
- Representative
- Clyde & Co LLP (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
- Expert
- Mr Fiera (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
FRAYER TRADING AGENCY LLC
- Representative
- Steven Thompson QC (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
- Representative
- Irvine Marr (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
- Representative
- Nicholas Braganza (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
- Representative
- Clyde & Co LLP (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
- Expert
- Mr Fiera (For: FLORANCE LOGISTIC SOLUTIONS (FABIEN) LLC · FRAYER TRADING AGENCY LLC)
DIFC Court of First Instance