England and Wales High Court of Justice, 26 July 2018, Franek Jan Sodzawiczny v. Andrew Joseph Ruhan, Gerald Martin Smith, Dawna Marie Stickler, Simon Nicholas Hope Cooper and Simon John McNally, [2018] EWHC 1908 (Comm)

In 2014, the parties entered into Confidential Settlement Deed (“Deed”) following previous commercial disputes. The Deed contained an arbitration clause providing for an LCIA arbitration in London and broadly-worded release and settlement provisions. In 2018, the Forth and the Fifth Defendants (Simon Nicholas Hope Cooper and Simon John McNally) initiated an LCIA arbitration against Mr [...]

England and Wales High Court of Justice, 25 July 2018, Sea Master Shipping Inc v. Arab Bank (Switzerland) Ltd, [2018] EWHC 1902 (Comm)

A FOB buyer of goods, Agrobusiness, chartered a vessel owned by Sea Master Shipping Inc (“Owner”) and resold the cargo on the CIF terms. The charter contained a LMAA arbitration clause, clause, which covered “any dispute arising out of or in connection with this Contract”. Several bills of lading covered the cargo, each incorporating the [...]

England and Wales High Court of Justice, 13 July 2018, PAO Tatneft v. Ukraine, [2018] EWHC 1797 (Comm)

In the OAO Tatneft v. Ukraine case (“investor” and “Respondent” respectively), the arbitral tribunal seated in Paris and constituted under the UNCITRAL Rules rejected all of Respondent’s jurisdictional objections in its decision on jurisdiction and ordered it to pay the investor 12 million dollars in its award. Respondent initiated annulment proceedings in France, the USA [...]

England and Wales High Court of Justice, 27 June 2018, Fehn Schiffahrts GMBH & Co v. Romani SPA, [2018] EWHC 1606 (Comm)

Fehn Schiffahrts GMBH (“Appellate”) chartered a vessel to Romani SPA (“Charterers”) for the purposes of transportation of cargo from Reni (Ukraine) to The Netherlands (Rotterdam). In two bills of lading, the consignee named was SC Justorganic Srl. Prior to discharge at Rotterdam, the cargo of sunflower seeds and wheat was fumigated. On the basis of [...]

England and Wales High Court of Justice, 20 June 2018, Eastern European Engineering LTD v. Vijay Construction (Proprietary) LTD, [2018] EWHC 1539 (Comm)

Eastern European Engineering Ltd (“EEEL”), incorporated in the Seychelles, is operating in the area of immovable property. Vijay Construction (Proprietary) Ltd (“Vijay”) is also a Seychellois company, specialized in construction. They concluded six construction contracts, which contained an ICC arbitration clause with seat in Paris and Seychellois law as applicable law to the dispute. The [...]

England and Wales High Court of Justice, 8 June 2018, Perkins Engines Company Limited v. Mohammed Samih Huseein Ghaddar and Ghaddar Machinery Co. S.A.L., [2018] EWHC 1500 (Comm)

Perkins Engines Company Limited (“Claimant”) applied for an interim anti-suit injunction before the High Court against Mohammed Samih Huseein Ghaddar and Ghaddar Machinery Co. S.A.L. (“Respondents”) in respect of proceedings commenced by them in front of the Lebanese Courts in breach of an arbitration agreement. The agreement states that any dispute will be submitted to [...]

England and Wales High Court of Justice, 6 June 2018, Nori Holdings Limited, Centimila Services Limited and Coniston Management Limited v. Public Joint-Stock Company “Bank Otkritie Financial Corporation”, [2018] EWHC 1343 (Comm)

Nori Holdings Limited and Centimila Services Limited, the first and second Claimants respectfully, are Cypriot-incorporated companies. Coniston Management Limited, the third Claimant, is a BVI registered company. Bank Otkritie Financial Corporation, Defendant, is a licensed Russian bank (“Bank”). The abovementioned entities entered into numerous financial agreements, which contained different arbitration clauses. During Defendant’s temporary administration, [...]

England and Wales High Court of Justice, 31 May 2018, Sana Hassib Sabbagh v. Wael Said Khoury, Said Toufic Khoury, Samer Said Khoury, Toufic Said Khoury, Samir Hassib Sabbagh, Suheil Hassib Sabbagh, Wahbe Abdullah Tamari, Consolidated Contractors Group SAL (Holding Company), Consolidated Contractors International Company SAL (Offshore) and Hassib Holding SAL, [2018] EWHC 1330 (Comm)

Sana Hassib Sabbagh (“Claimant”) started litigation against ten Defendants with regard to her shares and the connected dividends in the Consolidated Contractors Group SAL (Holding Company). Thereafter, Samir Hassib Sabbagh and Suheil Hassib Sabbagh, together with Consolidated Contractors Group SAL (Holding Company) and Hassib Holding SAL, initiated proceedings before an arbitral tribunal seated in Lebanon [...]

England and Wales High Court of Justice, 24 May 2018, Grindrod Shipping Pte Ltd v. Hyundai Merchant Marine Co. LTD, [2018] EWHC 1284 (Comm)

Grindrod Shipping Pte Ltd (“Claimant”) chartered a motor vessel from Hyundai Merchant Marine Co. Ltd (“Defendant”). The alleged non-compliance by the master’s vessel with voyage orders to sail from Australia to Mozambique and Tanzania led Claimant to initiate arbitral proceedings. By its award issued on 27 July 2017, a London Maritime Arbitration Association tribunal dismissed [...]

England and Wales High Court of Justice, 18 May 2018, Mobile Telecommunications Company LTD v. HRH Prince Hussam Bin Saudi Bin Abdulaziz Al Saud (T/A Saudi Plastic Factory), [2018] EWHC 1469 (Comm)

Mobile Telecommunications Company LTD (“Claimant”) and HRH Prince Hussam Bin Saudi Bin Abdulaziz Al Saud (“Defendant”) concluded a loan agreement in 2010. It provided for LCIA arbitration with a seat in London in the event of a dispute between the parties. The arbitral tribunal, constituted in 2013, refused to stay proceedings because of the proceedings [...]