comte
JF-Expert Member
- Dec 11, 2011
- 8,227
- 5,950
Regarding the contention that Article 4 (2) of the IGA is violative of theAct No. 5 of 2017 and the constitutional provisions on sovereignty, our unflustered view is that the petitioners' construction of the said provision is ill-thought-out, if not misleading.
Our unfleeting reading of Article 4 (2)brings out the fact that, whereas the URT will have the obligation of relayinginformation on investment opportunities that may be available, such information does not convey any automatic or outright privilege or right by DPW or the Emirate of Dubai to invest in the opportunity in respect of which information has been relayed. Any subsequent engagement is subject to submission of proposal and evaluation of its viability, singly, or alongside other proposals.
We do not find anything that obligates the URT to grant or award anything subsequent to the passage of information on the investmentopportunities. It is our construction that "to inform" conveys no othermeaning than "to make one aware of something". It is merely an act ofimparting knowledge especially of facts or occurrences {See:httpsj//www.merriarrhwebster.com)■ By conveying information, nothingtakes away the URT's ability and right to weigh the feasibility of any offersand proposals submitted, either by Dubai or by any prospective investor onthe area of investment in respect of which information under Article 4 (2)has been passed. As we consider this petitioners' contention drifting from the actualconstruction and intent, we also find the argument that this provision grantsexclusivity to Dubai off the mark.
Information to Dubai does not curtail orprevent the URT from passing the same information to other strategic andwilling investors.
It is merely an alert in order to get to know what is onoffer. We reckon that passage or dissemination of information on trade andinvestment opportunities is daily done by embassies across the globe andthat cannot be said to be violative of any country's law.
It is in view thereof,that we consider the submission by the petitioners lacking the necessarycutting edge which would convince us to hold otherwise.
Our unfleeting reading of Article 4 (2)brings out the fact that, whereas the URT will have the obligation of relayinginformation on investment opportunities that may be available, such information does not convey any automatic or outright privilege or right by DPW or the Emirate of Dubai to invest in the opportunity in respect of which information has been relayed. Any subsequent engagement is subject to submission of proposal and evaluation of its viability, singly, or alongside other proposals.
We do not find anything that obligates the URT to grant or award anything subsequent to the passage of information on the investmentopportunities. It is our construction that "to inform" conveys no othermeaning than "to make one aware of something". It is merely an act ofimparting knowledge especially of facts or occurrences {See:httpsj//www.merriarrhwebster.com)■ By conveying information, nothingtakes away the URT's ability and right to weigh the feasibility of any offersand proposals submitted, either by Dubai or by any prospective investor onthe area of investment in respect of which information under Article 4 (2)has been passed. As we consider this petitioners' contention drifting from the actualconstruction and intent, we also find the argument that this provision grantsexclusivity to Dubai off the mark.
Information to Dubai does not curtail orprevent the URT from passing the same information to other strategic andwilling investors.
It is merely an alert in order to get to know what is onoffer. We reckon that passage or dissemination of information on trade andinvestment opportunities is daily done by embassies across the globe andthat cannot be said to be violative of any country's law.
It is in view thereof,that we consider the submission by the petitioners lacking the necessarycutting edge which would convince us to hold otherwise.