Dadourian Group International Inc & Ors v Simms & Ors [2004] EWCA Civ 686 (13 May 2004)

Dadourian Group International Inc & Ors v Simms & Ors [2004] EWCA Civ 686 (13 May 2004)

There was a good arguable case that Mr Simms and the other defendants were privy to the arbitration, entitling the court to have regard to the arbitration award in support of the freezing injunction. The evidence, including the arbitration findings and Mr Simms' conduct, justified the conclusion that there was a real risk of dissipation of assets.

Citation
[2004] EWCA Civ 686
Parties
Claimant/respondent: Dadourian Group International Inc; Claimant/respondent: Alex Dadourian; Claimant/respondent: Haig Dadourian; First Defendant/appellant: Paul Simms; Second Defendant: Selim Hafizur Rahman; Third Defendant: Jack Dadourian (aka Hagop Dadourian, aka George Stevens); Fourth Defendant: Helga Dadourian
Jurisdiction
England and Wales
Judgment Date
13 May 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal Against Continuation of Worldwide Freezing Injunction
Outcome
Application dismissed
Legal Topics
Freezing Injunction, Arbitration Award Enforcement, Issue Estoppel, Confidentiality in Arbitration, Risk of Dissipation of Assets
Civil Procedure Arbitration Commercial Law Freezing Injunction Arbitration Award Enforcement Issue Estoppel Confidentiality in Arbitration Risk of Dissipation of Assets

Case Brief

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Parties

Dadourian Group International Inc

Claimant/respondent

Alex Dadourian

Claimant/respondent

Haig Dadourian

Claimant/respondent

Paul Simms

First Defendant/appellant

Selim Hafizur Rahman

Second Defendant

Jack Dadourian (aka Hagop Dadourian, aka George Stevens)

Third Defendant

Helga Dadourian

Fourth Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Against Continuation of Worldwide Freezing Injunction

Legal Issues

  1. 1 Whether the arbitration award could be relied upon in support of a freezing injunction against non-parties to the arbitration
  2. 2 Whether the defendants were privy to the arbitration for the purposes of issue estoppel and confidentiality
  3. 3 Whether there was a real risk of dissipation of assets justifying the continuation of the freezing injunction

Ratio Decidendi

There was a good arguable case that Mr Simms and the other defendants were privy to the arbitration, entitling the court to have regard to the arbitration award in support of the freezing injunction. The evidence, including the arbitration findings and Mr Simms' conduct, justified the conclusion that there was a real risk of dissipation of assets.

Court Disposition

Application dismissed

Orders

  • Continuation of worldwide freezing injunction against Mr Simms and other defendants up to $5.5 million