Florida Federal Jury Clears Submarine Builder in Dubai Case Update 2
March 02, 2011
Dubai World Corporation lost on all 5 counts stated in its civil complaint against Palm Beach resident Herve Jaubert yesterday in the Federal Court, District of Southern Florida. Dubai World had sued Mr. Jaubert for breach of contract, fraudulent representation regarding his abilities as an expert submarine designer, negligent representation regarding same, breach of fiduciary duty and conversion. The jury found that Mr. Jaubert was not liable under any of these counts and found in Mr. Jaubert’s favor.
The civil action mirrored similar criminal charges that had been leveled against Mr. Jaubert in Dubai in 2009; the Dubai court found Mr. Jaubert guilty in absentia and sentenced him to 5 years imprisonment. George Dalton, Dubai World’s chief counsel, had stated in an interview in September, 2009, that he was confident that a US Court would return a similar verdict against Mr. Jaubert. This confidence was misplaced as the jury returned an opposite verdict to what Mr. Dalton assumed.
The jury also found that Mr. Jaubert’s abuse of process claim against Dubai World was not supported by the evidence provided.
Mr. Jaubert, following the jury’s verdict, stated, “I have been completely exonerated and vindicated by the jury’s decision. The case in Dubai was clearly baseless and without merit.
The judge had earlier ruled that Seahorse Submarines Int’l Inc. was liable for not completing 2 submarines it had contracted to sell to Dubai World subsidiaries. Although it had been verbally agreed by Seahorse and Dubai World to complete the submarines in Dubai, once Mr. Jaubert was in Dubai, Dubai World chairman Sultan bin Sulayem told him to work on other projects. As Mr. Jaubert did not get this direction in writing, Seahorse was found liable by the court.