All posts with the tag: Foreign Proceedings

In Aline Tramp SA v Jordan International Insurance Company (CL-2016-000263) and The London Steam-Ship Owners’ Mutual Insurance Association Limited v Jordan International Insurance Company (CL-2016-000264), a Claimant vessel owner and insurer sought anti-suit injunctions, on the basis of an arbitration clause and a purported exclusive jurisdiction clause respectively, where proceedings relating to damaged cargo had … Continue reading Hamburg Rules on jurisdiction not a block to an anti-suit injunction

In Ramilos Trading Limited v Valentin Mikhaylovich Buyanovsky, the High Court rejected the applicant’s request for a Norwich Pharmacal Order (“NPO”).  In rejecting the application, Mr Justice Flaux analysed a number of independent elements that must be present in order to grant an NPO, culminating in a significant judgment which both clarifies existing ambiguities while … Continue reading Role of Norwich Pharmacal relief in foreign proceedings and new threshold test for determining if “wrongdoing” has occurred

The European Account Preservation Order (“EAPO”) Regulation will apply in EU Member States other than the UK and Denmark on 18 January 2017.  The Regulation provides creditors with the opportunity to freeze assets in participating Member States on the basis of a single application, and provides creditors with an opportunity to obtain information regarding a … Continue reading European Account Preservation Order Regulation will apply from 18 January 2017

In Cyprus Popular Bank Public Co Ltd v Vgenopoulos and others, the High Court held that a claimant who had obtained an order for the registration of a foreign judgment had no absolute entitlement to protective measures (in the form of a domestic freezing order) under Article 47 of the 2001 Brussels Regulation.  The High … Continue reading No absolute entitlement to domestic freezing order as protective measure when appeal pending against registration of foreign judgment

In Cyprus Popular Bank Public Co Ltd v Vgenopoulos and others, the High Court held that a freezing order granted by another EU Member State does not become immediately fully effective and enforceable once a registration order is made by the English court.  It becomes enforceable only if no appeal is brought in respect of … Continue reading Foreign freezing order cannot be enforced within the jurisdiction until any appeal against registration of the order is determined

In Asia-Pacific Trading Pte Ltd (formerly known as Toepfer International Asia Pte Ltd) v PT Budi Semesta Satria, the High Court held that delay on the part of the applicant could be adequate cause for refusing an anti-suit injunction, even where the respondent acknowledged there was an arguable case that it had breached an arbitration … Continue reading High Court refuses anti-suit injunction based on arbitration clause due to delay

In Rudolfs Meroni v Recoletos Limited, the Court of Justice of the European Union (“CJEU”) considered whether an English freezing injunction affecting third parties was contrary to public policy under the 2001 Brussels Regulation (Regulation 44/2001) and therefore unenforceable.  Under Article 34 of the Regulation, a judgment of an EU Member State court (which includes … Continue reading CJEU considers whether freezing injunctions affecting third parties are contrary to public policy

In Shipowners Mutual Protection And Indemnity Association (Luxembourg) v Containerships Denizcilik Nakliyat Ve Ticaret A.S., the Court of Appeal dismissed an appeal by Containerships (the “Charterers”) against an anti-suit injunction restraining proceedings in Turkey against the claimant P&I Club.  The court confirmed that in circumstances where a third party seeks to enforce rights granted under … Continue reading Court of Appeal upholds anti-suit injunction granted against “victim” attempting to take advantage of foreign direct action laws

In Ecobank Transnational Incorporated v Tanoh, the Court of Appeal was asked to consider the Commercial Court’s decision to refuse an anti-enforcement injunction against two foreign judgments. Practical implications This case provides a useful reminder of the factors that will be relevant to the court’s discretion when considering anti-enforcement injunctions. Applicants should be aware of … Continue reading Court of Appeal considers the role of comity and delay in the context of anti-enforcement injunctions

On 17 July 2014, the European Account Preservation Order (“EAPO”) Regulation came into force.  It will apply in EU Member States except the UK and Denmark from 18 January 2017.  The EAPO is intended to provide an alternative to domestic remedies and permit creditors in one participating Member State to freeze the assets of debtors … Continue reading The European Account Preservation Order