three. The Claimant did not execute a commercially sensible sale of the subject plane: beneath Kansas regulation based in whole or partly on eight (eight) different determined elements, again beneath Kansas law;

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106. The Respondents one and three also argued this Tribunal really should, as being a subject on the exercising of its discretion, keep this arbitration to enable the Dubai Court docket Continuing to go forward. This Tribunal turned down that posture in Procedural Get #two and it hereby affirms that this arbitration should not be delayed or suspended just because the Dubai Court docket Proceeding may be outstanding. The Respondents l and 3 didn't at the merits Listening to adduce any new or added proof to assist a stay. This arbitration is a far more comprehensive continuing compared to the Dubai Courtroom Continuing and involves events who only aren't ahead of the Dubai Court, particularly Respondents 2 and three. This arbitration includes far more in depth authorized challenges, in addition to subsumes The main element difficulties elevated inside the Dubai Continuing, namely the precision on the past payments in determining the quantity of unpaid rental payments and likewise the availability of a ideal beneath Dubai regulation to a reduction of liability due to financial? crisis in Dubai. Both equally of These challenges go straight to the Main concern Within this arbitration with the deficiency exceptional once the sale of plane. This arbitration has proceeded with affordable expedition whereas the Dubai Court Continuing has not nevertheless been served and also the predicted length of time for that situation is going to be calculated in many years from these days, prolonged following the perseverance and Final Award in this arbitration. 107. Respondent 2 has all through acknowledged that this Tribunal has the jurisdiction and will exercise that jurisdiction by continuing into a deserves Listening to. Even when the Dubai Court docket was to discover that the arbitration agreements are valid, Respondent one and three wanted to reserve the correct to nonetheless argue which the arbitration clauses are invalid at a merits Listening to On this arbitration. Provided that the validity of your arbitration clauses weren't in issue in the Dubai Court Proceeding For the reason that pleading of Respondent one Gulf Jet in that proceeding assumed the valid existence of the Leases, it was Obviously a lot more economical and efficient and in accord with prevalent perception the Respondents 1 and three just adduce their evidence within the deserves hearing During this arbitration, with no ordering a stay.

four. The Claimant acknowledged and retained the topic aircraft in complete satisfaction on the Leases plus the economic click here obligations claimed to become because of and owing;

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Just about every witness was requested inquiries by counsel for the Claimant in addition to from the Tribunal. In gentle from the absence of all Respondents at the deserves hearing, the Tribunal exclusively questioned the witnesses with regard to the merits of varied defences elevated by the Respondents.

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His Demise transpired over the eruption of Mount Vesuvius, as he attempted to rescue persons and review the phenomenon. His functions stay a crucial resource for knowledge historical science and Roman existence.

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