Citibank Na, London Branch v Oceanwood Opportunities Master Fund and Others: ChD 19 Feb 2018

Application by the claimant, Citibank, for directions as to whether it should, as security trustee and security agent under complex loan arrangements, seek and/or act in accordance with the directions of a body of creditors of which the first defendant, Oceanwood was a majority holder of debt, and whose wishes or vote would therefore govern; or whether provisions of the documentation which exclude from voting those who ‘control’ the debtor mean that Oceanwood’s voice cannot be heard. The matter with which this judgment deals is one of jurisdiction – whether this court or the courts of New York, should be dealing with this matter in the light of the jurisdictional clauses contained in the loan documentation.

Judges:

Mann J

Citations:

[2018] EWHC 305 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction, Insolvency

Updated: 05 April 2022; Ref: scu.605341