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Gulf Jet and Al Meeza did not adduce any evidence to aid these allegations which happen to be inconsistent While using the proof of adduced by the Claimant as well as the placement of Al Mulla. While in the absence of any proof, these are simply fanciful and theoretical allegations with none factual or lawful foundation and should be rejected. Clearly to the evidence, Gulf Jet did actually negotiate the conditions of your Leases and Assures with expert outside counsel, Mr. Miles from Ince Al Jallaf & Co, commenting on several drafts above a period of months. Gulf Jet negotiated and attained concessions from the conditions in the Leases and prompted the closing in the transaction for being protracted.

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c. The day of 30 Could 2013 from the Procedural Timetable for the shipping in the order was expressly said to become "Tentative" only and was neither a hard and fast day, nor a day to which jurisdictional relevance and consequence was connected;

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Nonetheless, without prior notification for the Tribunal, Al Mulla and his counsel didn't seem at the merits hearing which commenced on September 17, 2013 and proceeded with out their attendance or direct participation. 5. The merits hearing was held on September 17 and eighteen, 2013 at the The big apple Intercontinental Arbitration Centre, The big apple, Big apple, U.S.A. at the appointed time. Oral proof was listened to from every one of the witnesses who had delivered witness statements relied on from the Claimant. Although the Respondents didn't go to the deserves Listening to, the defences towards the claims of Cessna raised with the Respondents in their Answers for the Request for Arbitration and inside the Memorial of Al Mulla ended up viewed as and were being the topic of questioning on the witnesses relied upon through the Claimant. With the summary in the merits Listening to, this subject was held under reserve pending the shipping of expenses submissions with the functions and the completion of the Remaining Award. six. Immediately after careful assessment with the submissions, the proof and also the lawful authorities relied upon through the events all through this arbitration and an assessment in the transcript from the proceedings with the deserves Listening to, this Tribunal determines which the Claimant is entitled to an award in its favour against the Respondent Gulf Jet for the level of the deficiency and desire in regard of The 2 plane Leases as additional exclusively established out in paragraphs 236 and 237 hereof. Additionally, the Claimant is usually entitled to an award in its favour from Just about every of Al Mulla and Al Meeza as guarantors with the obligation of Gulf Jet underneath the Leases for your quantities as established out in paragraphs 238 - 241 hereof. Finally, the Claimant is entitled to an award Gulf Finance Awards for its charges of this arbitration during the amounts especially set out in paragraph 244 and 245. Cessna is also entitled to your declaratory reduction established out in paragraph 243. However, Cessna's claim for an purchase in the nature of an injunction is denied as verified in paragraph 242. THE PARTIES As well as their REPRESENTATIVES 7. The Claimant is a company integrated and current beneath the laws on the Point out of Kansas in The us of The united states, and it is engaged in the small business of leasing and funding the leasing of plane. It can be an entirely owned subsidiary of Textron Economical Company, which subsequently is a wholly owned subsidiary of Textron, Inc., an organization whose shares are publicly traded on the Big apple Inventory Exchange. The deal with and principal spot of company with the Claimant is 220 West Douglas, Suite three hundred, Wichita, Kansas, 67202-3106, U.S.A. eight. The Claimant has been represented through this arbitration by the following counsel: Gibson, Dunn & Crutcher LLP

The description by counsel for Respondents 1 and 3 of such a regulation in the UAE in the Answer of Gulf Jet, paragraph 3.4, is usually inconsistent. When it really is asserted that the Lessee is "entitled to discontinue" a agreement, Additionally, it stated that a Dubai court has the proper to endorse this type of discontinuance, or not. The agreement could remain in place, plus the burden might be lessened. Having said that it may not be lowered at all. The failure of Gulf Jet and Al Meeza to even detect and confirm any alleged casts important doubt on equally its existence and its alleged application to your facts of this case. 134. 2nd, and even more importantly, the legal guidelines on the Emirate of Dubai or perhaps the United Arab Emirates simply don't utilize to this dispute. The Leases are governed because of the regulations on the Condition of Kansas in The us of The us. The arbitration, seated in Big apple, is ruled with the procedural regulation on the Condition of Big apple. No argument, not to mention a persuasive argument supported with authority, was supplied as to how and why the regulations in the Dubai or maybe the United Arab Emirates must apply to or govern the dedication of this issue also to displace the appliance in the legislation in the Point out of Kansas as expressly agreed by the events. one hundred thirty five. 3rd, as submitted with the Claimant, the Leases along with the (Assures expressly present that force majeure is not any justification for non-efficiency. Paragraph 15 of every Lease gives partly as follows: "...Lessee acknowledges and agrees that its obligation to pay any sums resulting from Operator hereunder shall not be discharged, diminished or otherwise impacted by any power majeure, and shall not be considered paid Unless of course and until this kind of sums are actually and absolutely acquired by Operator in U . s . bucks in America." (emphasis included)