The case of the day is Cerner Middle East Ltd. v. Al-Dhaheri (D. Mass. 2017). Cerner was a Cayman Islands company with its offices in Missouri. Ahmed Dhaheri was a UAE citizen living in Abu Dhabi. He was one of the two members of iCapital LLC, a UAE company.
In 2008, iCapital made a contract with Cerner for development of a medical IT platform in the UAE. Cerner claimed that iCapital defaulted on its payment obligations. They entered into a settlement and payment agreement that contained an agreement to arbitrate under the ICC rules. iCapital defaulted again, and Cerner demanded arbitration against iCapital and Dhaheri (who was not personally a party to the agreement). The arbitration was held in Paris in 2014. The tribunal issued an award for more than $62 million in damages. It found the agreement was valid and that Dhaheri was acting as iCapital’s alter ego and was therefore bound by the agreement to arbitrate.
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