Security for costs – incorporation in a low-disclosure jurisdiction does not prevent an order

Yesterday’s Court of Appeal decision in Sarpd Oil International Ltd v Addax Energy SA [2016] EWCA Civ 120 is not strictly a decision on jurisdiction or conflicts of law.   It may well still be of significant interest to those involved in international litigation.  It will be welcomed by defendants who wish to secure security for costs against claimant companies incorporated in low disclosure jurisdictions.  The successful appellant was represented by two members of 20 Essex Street, David Lewis QC and Oliver Caplin. Continue reading

“May” or “must” arbitrate – what’s needed for a stay? Anzen Ltd v Hermes One Ltd [2016] UKPC 1

This advice delivered on 18 January 2016 by the Privy Council (a BVI case) examines the effect of a clause in an agreement providing that in the event of any unresolved dispute “any party may submit the dispute to binding arbitration” (emphasis added).

The Board concluded that in this case, the provision conferred an option on either party to require resolution of the dispute in arbitration.  Further, once such a request had been made, the requesting party could also obtain a stay of judicial proceedings under section 6(2) of the Arbitration Ordinance 1976 (Cap 6).  It was not necessary that the requesting party in fact began an arbitration. Continue reading

Pirouetting between jurisdictions: Blue Tropic Ltd v Chkhartishvili [2015] EWHC 3260 (Ch)

A recently reported case features an unusual application for a stay issued, after the conclusion of the trial, but before judgment. The applicant sought a stay based on a parallel proceedings in Georgia in which his counterparts were requesting that the Georgian courts also suspend proceedings pending the English decision.

The English court refused the application.  It found the existence of parallel proceedings to be of the Defendant’s own making and took a dim view of the Defendant’s “pirouetting between jurisdictions”. Continue reading