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b. The arbitration clauses while in the Leases and Assures were not valid but were being void and unenforceable (Response two.2), as Mr. Al Mulla did not have the ability or capability on behalf of Respondent one to comply with arbitration at time of signature and Anytime thereafter;

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5. The Respondent Al Mulla was entitled to a credit rating or set-off of any and all sums the Claimant acquired through its retention, use or operation of the subject aircraft, before the ultimate sale and disposition of same.

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108. The functions had expressed a clear intention to arbitrate their disputes and that intention must be completed and not annoyed because of the commencement with the Dubai Courtroom continuing in breach of that intention and crystal clear obligation to arbitrate. As was noted in Procedural Order #2, the importance of consent and intention to arbitrate requires additional elaboration since it underpins the basic composition as well as legitimacy of your Worldwide arbitration regime which has progressed for a direct result of the New York Conference and the relationship of the Global arbitral regime to nationwide courts. This romance is especially vital where by, as In this instance, The problem of jurisdiction may be raised simultaneously not merely in a global arbitration but will also in a very nationwide courtroom proceeding outside of the seat. Where two countrywide courts entertain the same or equivalent proceeding, the doctrine of his pendens produced to pick which of The 2 steps should really carry on. Nonetheless, this doctrine would not commonly use to Intercontinental arbitration, significantly in respect of jurisdictional concerns elevated during the arbitration. During the major two quantity treatise by author Gary Born, entitled International Industrial Arbitration (Kluwer, 2009) which was relied on from the Claimant in its penned submissions, the author succinctly sets out the rationale to aid the look at that the decision on the jurisdictional problem by a countrywide court docket, notably 1 outside of the arbitral seat, should have no preclusive effect on the responsibility on the arbitral tribunal to alone make the choice on jurisdiction with the tribunal and, in which ideal, to progress Along with the arbitration even exactly where the validity in the arbitration agreement is disputed. At website page 2944-45 in Vol. two, the author mentioned:

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Hence, topic to the affirmative defences raised via the Respondents and talked over down below, it truly is further than dispute that Gulf Jet was prima facie in breach of its payment obligations and committed an Occasion of Default as outlined below Every single Lease as from the dates noted in subparagraphs 129 a. and b.

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The uncertainty over the area of enforcement underscores the inapplicability of the legal guidelines of any prospective put of enforcement to the brink jurisdictional and procedural issues to get based on here this tribunal in 1st instance within an arbitration seated in Ny city.

121. For the foregoing reasons, this Tribunal rejects the varied jurisdictional objections raised through the Respondents one and three and finds that this Tribunal has jurisdiction to ascertain the disputes asserted from the Claimant in accordance Along with the arbitration agreements contained during the Leases and Ensures and in accordance Using the ICC Procedures. Liability Concerns in Respect of the Alleged Breaches with the Leases 122. It will be hassle-free to the reasons in the discussion and Assessment on the legal responsibility challenges to mix During this section Challenges two, three 5 and six as detailed previously mentioned which in straightforward terms tackle the liability, if any, of Gulf Jet to the alleged breaches of the two Leases, like a thing to consider on the liability defences elevated by Gulf Jet. On top of that, the key details and circumstances concerning the dealing with of The 2 Leases are virtually similar, with only slight distinctions when it comes to the timing of some functions and payments in relation to every in the Leases, which in terms of the legal responsibility problems are usually not substance. For that reason the legal responsibility problems for both equally Leases will be resolved concurrently. 123. Disputed Validity of the Leases. The aircraft Leases are the foundation of the claims along with the Claimant has adduced sizeable proof concerning the arms - length negotiation and execution of the Leases to ascertain their validity and enforceability Respondent 2 primarily admits the validity with the Leases as currently being entered into by Gulf Jet "by using the Respondent... Al Mulla", who signed These Leases for Gulf Jet but who normally denies personalized legal responsibility (Response of Al Mulla, paragraphs 22 to 31). Having said that, the Respondents Gulf Jet and Al Meeza have put in problem the validity and enforceability of these two Leases (see Reply of Gulf Jet and Al Meeza at paragraphs 1.2, one.four, 1.five, 2.four and 4.four), when simultaneously also admitting that Gulf Jet obtained the correct to have and work the jet plane "as prescribed in the Aircraft Leases" and it has discharged all of its obligations under the Leases (see Remedy of Gulf Jet and Al Meeza, paragraphs 3.two and three.three). 124. As pointed out previously, the Claimant relied over the proof of Cessna s Assistant Common Counsel, Gil Guthrie, to describe in detail the arms-length negotiation of The 2 Leases as well as the Ensures over a four month period with Gulf Jet and the individual guarantors currently being represented by expert outside the house counsel from Ince Al Jallaf & Co in Dubai.