The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia.
Held: The international system of arbitration was not subject to any national law and did not therefore amount to legal proceedings which would be capable of supporting the sort of relief claimed. The injunction should not have been granted and would not be restored. Additionally the state of Bolivia was entitled to state immunity under the 1978 Act.
Judges:
Lord Justice Tuckey, Lord Justice Lawrence Collins and Lord Justice Stanley Burnton
Citations:
[2008] EWCA Civ 880
Links:
Statutes:
Arbitration (International Investment Disputes) Act 1966, Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 (SI 1997 No 302), State Immunity Act 1978
Jurisdiction:
England and Wales
Citing:
Appeal from – ETI Euro Telecom International Nv v Republic of Bolivia and Another Comc 11-Jul-2008
The claimant had lost its investment in a company in Bolivia when the company was nationalised. There were international arbitration proceedings, and the claimant obtained an order freezing balances in a bank in London to support enforcing any . .
Cited – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
Cited – Credit Suisse Fides Trust SA v Cuoghi; Credit Suisse Fides Trust SA and Amhurst Brown Colombotti (a Firm) CA 11-Jun-1997
The claimant brought proceedings in Switzerland (a party to the Lugano Convention) against the defendant who was domiciled in England, alleging that he had conspired with one of the claimant’s employees to misappropriate some US$ 21 million. It was . .
Cited – Bristol Airport Plc and Another v Powdrill and Others CA 21-Dec-1989
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to . .
Cited – Kensington International Ltd v Republic of Congo CA 7-Nov-2007
The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves.
Held: The appeal failed. The public . .
Cited – Starlight Shipping Co and Another v Tai Ping Insurance Co Ltd., Hubei Branch and Another ComC 1-Aug-2007
In an application for an interim anti-suit injunction, Cooke J said: ‘Damages would, for all the reasons given in the authorities, be an inadequate remedy for breach of such a clause since its very nature requires the parties to have their disputes . .
Cited – Motorola Credit Corporation v Uzan and Others CA 26-Jun-2002
A world wide asset freezing order had been made. The defendants sought that it be set aside. Pending the hearing of their application, they sought also delay of their obligation to co-operate in providing full details of their finances.
Held: . .
Cited – Occidental Exploration and Production Company vRepublic of Ecuador CA 9-Sep-2005
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to . .
Cited – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
Cited – Verlander v Devon Waste Management and Another CA 27-Jun-2007
Auld LJ commented on the analysis in Stephens of the need for a judge to decide the evidence before him: ‘Perhaps I can, without damage to that analysis, summarise it by reducing it to two main propositions. First, a judge should only resort to the . .
Cited – Commission v AMI Semiconductor Belgium (Anciennement Alcatel Microelectronics) (Law Governing The Institutions) ECJ 17-Mar-2005
Europa Arbitration clause – Designation of the Court of First Instance – Jurisdiction of the Court of Justice – Parties in liquidation – Capacity to be parties to legal proceedings – Council Regulation (EC) No . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 18 July 2022; Ref: scu.271141
