Summary

... the respondents, Iraq Telecom Limited and Industrial Holdings Limited ("the respondents"), obtained an International Court of Commerce ("ICC") arbitration award by a tribunal seated in the Dubai International Financial Centre. The award ordered the 1st defendant (in the court below) Sirwan Saber Mustapha, also known as Mr. Barzani ("Mr. Barzani"), to pay to the respondents an amount in excess of U.S. $1.6 billion ("the Award"). The appellant, Mr. Shani, was not a party to, nor involved in any way in the arbitration proceedings that culminated in the Award.. ..

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[13] The stated grounds of appeal are as follows:

"Ground 1:

(1) The learned judge erred in law when he concluded that the Appellant had been properly joined as a defendant to the claim despite having found that there was no pleaded case against the Appellant;

(2) The learned judge therefore erred in law in concluding that gateways for permission to serve Mr Shani outside of the jurisdiction were satisfied;

(3) Accordingly, the learned judge erred in law in finding that there was a basis for a charging order application (and other ancillary relief) to be served on the Appellant outside of the jurisdiction.

Ground 2:

(1) To the extent that the learned judge in the course of judgment held that in relation to a charging order application personal jurisdiction does not need to be established over the party whose assets are sought to be charged and that a final hearing can proceed without personal jurisdiction being established over that party, the learned judge erred.

Ground 3:

(1) The learned judge erred when making a costs order in relation to the application without having sought representations from the parties before doing so."

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Disposition

[102] The appeal is therefore dismissed. The costs on the appeal and the costs in the court below, are awarded to the respondent to be assessed by a Judge of the Commercial Court or Master of the High Court, if not agreed within twenty-one (21) days of the date of delivery of this judgment.

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