Dana Gas will again challenge an English court judgment handed down in November against the company, as part of a widely-watched dispute with creditors over the non-payment of $700 million worth of sukuk.
The Sharjah-based gas operator will file an application for permission to the English Court of Appeal to reconsider the ruling in November by Judge George Leggatt, which said that aspects of its English-law sukuk purchase undertaking were valid and enforceable, the company said in regulatory filing to the Abu Dhabi stock exchange on Monday.
Last year, Dana stunned sukukholders – which include BlackRock and Goldman Sachs – when it claimed the agreements for the Islamic bonds (which matured in October) were no longer valid due to changes in Sharia law. The company is involved in court disputes in England and Sharjah over the sukuk’s terms.
The application to the English Court of Appeal comes despite a previous attempt to set aside the judgment in a three-day hearing that concluded in early February ended in failure, with Judge Leggatt refusing the company permission to appeal his decisions.
The judge also granted an anti-suit injunction at the request of creditors following the February hearing, which permanently restrained the company from pursuing proceedings over the sukuk’s validity in the Sharjah Courts.
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Read more:
Despite sukuk cases, Dana Gas swings to profit in 2017
ADFG and other related entities now own 9% of Dana Gas
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“It is clear that to permit Dana Gas to advance the same claim at the same time in different jurisdictions would be vexatious and oppressive,” said the judge.
The company said it and its English lawyers believe that "the judgement and orders made by [Judge Leggatt] have not given due consideration to the company’s strong arguments regarding determination of foreign law issues...particularly that the UAE Courts are the appropriate forum to determine the UAE law issues which are closely intertwined with Sharia principles which the UAE Courts have to apply as a matter of public policy and public order.”
The dispute between Dana and sukukholders is being closely watched by stakeholders in the Islamic finance industry, who are concerned that a judgement in the energy company’s favour may set a precedent for other sukukholders.
COMPANY PROFILE
Name: Qyubic
Started: October 2023
Founder: Namrata Raina
Based: Dubai
Sector: E-commerce
Current number of staff: 10
Investment stage: Pre-seed
Initial investment: Undisclosed
How to protect yourself when air quality drops
Install an air filter in your home.
Close your windows and turn on the AC.
Shower or bath after being outside.
Wear a face mask.
Stay indoors when conditions are particularly poor.
If driving, turn your engine off when stationary.
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COMPANY%20PROFILE%20
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UAE SQUAD
UAE team
1. Chris Jones-Griffiths 2. Gio Fourie 3. Craig Nutt 4. Daniel Perry 5. Isaac Porter 6. Matt Mills 7. Hamish Anderson 8. Jaen Botes 9. Barry Dwyer 10. Luke Stevenson (captain) 11. Sean Carey 12. Andrew Powell 13. Saki Naisau 14. Thinus Steyn 15. Matt Richards
Replacements
16. Lukas Waddington 17. Murray Reason 18. Ahmed Moosa 19. Stephen Ferguson 20. Sean Stevens 21. Ed Armitage 22. Kini Natuna 23. Majid Al Balooshi
World Cricket League Division 2
In Windhoek, Namibia - Top two teams qualify for the World Cup Qualifier in Zimbabwe, which starts on March 4.
UAE fixtures
Thursday February 8, v Kenya; Friday February 9, v Canada; Sunday February 11, v Nepal; Monday February 12, v Oman; Wednesday February 14, v Namibia; Thursday February 15, final
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KILLING OF QASSEM SULEIMANI
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Nayanthara: Beyond The Fairy Tale
Starring: Nayanthara, Vignesh Shivan, Radhika Sarathkumar, Nagarjuna Akkineni
Director: Amith Krishnan
Rating: 3.5/5
How to play the stock market recovery in 2021?
If you are looking to build your long-term wealth in 2021 and beyond, the stock market is still the best place to do it as equities powered on despite the pandemic.
Investing in individual stocks is not for everyone and most private investors should stick to mutual funds and ETFs, but there are some thrilling opportunities for those who understand the risks.
Peter Garnry, head of equity strategy at Saxo Bank, says the 20 best-performing US and European stocks have delivered an average return year-to-date of 148 per cent, measured in local currency terms.
Online marketplace Etsy was the best performer with a return of 330.6 per cent, followed by communications software company Sinch (315.4 per cent), online supermarket HelloFresh (232.8 per cent) and fuel cells specialist NEL (191.7 per cent).
Mr Garnry says digital companies benefited from the lockdown, while green energy firms flew as efforts to combat climate change were ramped up, helped in part by the European Union’s green deal.
Electric car company Tesla would be on the list if it had been part of the S&P 500 Index, but it only joined on December 21. “Tesla has become one of the most valuable companies in the world this year as demand for electric vehicles has grown dramatically,” Mr Garnry says.
By contrast, the 20 worst-performing European stocks fell 54 per cent on average, with European banks hit by the economic fallout from the pandemic, while cruise liners and airline stocks suffered due to travel restrictions.
As demand for energy fell, the oil and gas industry had a tough year, too.
Mr Garnry says the biggest story this year was the “absolute crunch” in so-called value stocks, companies that trade at low valuations compared to their earnings and growth potential.
He says they are “heavily tilted towards financials, miners, energy, utilities and industrials, which have all been hit hard by the Covid-19 pandemic”. “The last year saw these cheap stocks become cheaper and expensive stocks have become more expensive.”
This has triggered excited talk about the “great value rotation” but Mr Garnry remains sceptical. “We need to see a breakout of interest rates combined with higher inflation before we join the crowd.”
Always remember that past performance is not a guarantee of future returns. Last year’s winners often turn out to be this year’s losers, and vice-versa.
Know your Camel lingo
The bairaq is a competition for the best herd of 50 camels, named for the banner its winner takes home
Namoos - a word of congratulations reserved for falconry competitions, camel races and camel pageants. It best translates as 'the pride of victory' - and for competitors, it is priceless
Asayel camels - sleek, short-haired hound-like racers
Majahim - chocolate-brown camels that can grow to weigh two tonnes. They were only valued for milk until camel pageantry took off in the 1990s
Millions Street - the thoroughfare where camels are led and where white 4x4s throng throughout the festival
