NML Capital Ltd v The Republic of Argentina: ComC 29 Jan 2009

The defendant state sought to prevent the company enforcing a judgment entered against it in the USA.
Held: Where the judgment was properly obtained, a claim of sovereign immunity would not operate to allow avoidance of an enforcement of the judgement. The requirements of section 3(1) had been met, and the defendant’s application to set aside service failed.

Judges:

Blair J

Citations:

[2009] EWHC 110 (Comm), [2009] QB 579, [2009] 1 CLC 60, 159 NLJ 199, [2009] 1 All ER (Comm) 697, [2009] 1 Lloyd’s Rep 378

Links:

Bailii, Times

Statutes:

Civil Jurisdiction and Judgments Act 1982 31

Cited by:

Appeal fromRepublic of Argentina v NML Capital Ltd CA 4-Feb-2010
The appellant republic appealed against an order allowing the enforcement against it of a judgment obtained in the US by the claimant. There is no treaty between the US and the UK for the mutual recognition and enforcement of judgments, and an . .
At First InstanceNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 23 July 2022; Ref: scu.293977