It was said that a contract had been procured only by bribery. The defendant said that the so called confessions had been obtained by torture, and were inadmissible. No one with first-hand knowledge of the alleged bribery or torture gave evidence and the documentation available at the trial was substantially incomplete. It was agreed that, unless HNA succeeded in its defence that the charterparty was procured by bribery, Shagang was entitled to judgment on its claim under the guarantee.
Held: Torture could not be ruled out as a reason for the confessions and in any case the allegations of bribery had not been proved. The contract was enforceable and awarded damages to the claimant.
Knowles CBE J
[2016] EWHC 1103 (Comm)
Bailii
England and Wales
Cited by:
Appeal from – Shagang Shipping Company Ltd v HNA Group Company Ltd CA 23-Jul-2018
Appeal from finding that a contract award had not been obtained by bribery. The defendant said that the confessions of bribery had been extracted by torture and appealed a finding that the contract was enforceable.
Held: The appeal succeeded. . .
At First Instance – Shagang Shipping Company Ltd v HNA Group Company Ltd SC 5-Aug-2020
Allegations had been made that a contract had been procured by bribery. The other party said that the admissions of bribery had been extracted by torture and were inadmissible. The CA had decided that the unproven possibility that it was obtained by . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 July 2021; Ref: scu.564510 br>