Article 104 - Disputes as to liability attributable to Cells
(1) In the event of any dispute as to:
(A) whether any right is or is not in respect of a particular Cell ;
(B) whether any creditor is or is not a creditor in respect of a particular Cell ;
(C) whether any liability is or is not attributable to a particular Cell ; or
(D) the amount to which any liability is limited
the QFC Civil and Commercial Court , on the application of the PCC , and without prejudice to any other right or remedy of any person, may issue a declaration in respect of the matter in dispute.
(2) The QFC Civil and Commercial Court , on hearing an application for a declaration under Article 104(1) may:
(A) direct that any person shall be heard on the application;
(B) make an interim declaration, or adjourn the hearing, conditionally or unconditionally;
(C) make the declaration subject to such terms and conditions as it thinks fit; or
(D) direct that the declaration shall be binding upon such persons as may be specified.
| Amended by QFCA RM2012-1 (as from 11th April 2012) |