Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors

Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors

The court has jurisdiction under s. 37(1) of the Senior Courts Act 1981 to order the defendants, who are subject to the court's jurisdiction, to provide disclosure of their worldwide assets in aid of enforcement of arbitral awards, and it is just and convenient to do so. Service on the defendants' solicitors was valid and in accordance with established Commercial Court practice for arbitration claims.

Parties
Claimant: Cruz City 1 Mauritius Holdings; 1st Defendant: Unitech Limited; 2nd Defendant: Burley Holdings Limited; 3rd Defendant: Arsanovia Limited
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Arbitration Enforcement Application / Judgment on Application for Worldwide Asset Disclosure Order
Outcome
Application granted
Legal Topics
Disclosure of Assets, Service of Process, Jurisdiction, Enforcement of Arbitral Awards
Arbitration Civil Procedure Enforcement of Judgments Disclosure of Assets Service of Process Jurisdiction Enforcement of Arbitral Awards

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Parties

Cruz City 1 Mauritius Holdings

Claimant

Unitech Limited

1st Defendant

Burley Holdings Limited

2nd Defendant

Arsanovia Limited

3rd Defendant

Procedural Posture

Arbitration Enforcement Application / Judgment on Application for Worldwide Asset Disclosure Order

Legal Issues

  1. 1 Whether the court has jurisdiction to order worldwide disclosure of assets by defendants in aid of enforcement of arbitral awards under s. 37(1) of the Senior Courts Act 1981
  2. 2 Whether service of the claim form and documents on the defendants' solicitors within the jurisdiction was valid
  3. 3 Whether the decision in Masri (No 4) affects the court's power to order disclosure under s. 37(1)

Ratio Decidendi

The court has jurisdiction under s. 37(1) of the Senior Courts Act 1981 to order the defendants, who are subject to the court's jurisdiction, to provide disclosure of their worldwide assets in aid of enforcement of arbitral awards, and it is just and convenient to do so. Service on the defendants' solicitors was valid and in accordance with established Commercial Court practice for arbitration claims.

Court Disposition

Application granted

Orders

  • Defendants to provide disclosure verified by affidavit of a proper officer of all their assets worldwide; for the 1st and 2nd Defendants, limited to assets exceeding US$1 million in value.
  • Defendants' application to set aside service on their solicitors dismissed.