ETI Euro Telecom International NV v Republic of Bolivia & Anor [2008] EWCA Civ 880 (28 July 2008)

ETI Euro Telecom International NV v Republic of Bolivia & Anor [2008] EWCA Civ 880 (28 July 2008)

The English court has no jurisdiction under section 25 of the 1982 Act as extended by the 1997 Order to grant interim relief in support of ICSID arbitration or the New York attachment proceedings, as neither constitutes substantive proceedings within the meaning of the statute. The ICSID Convention and Rules create an exclusive regime for provisional measures, making it inexpedient for the English court to grant relief. State immunity applies to Bolivia, and there is no independent basis for an order against Entel.

Citation
[2008] EWCA Civ 880
Parties
Appellant/claimant: E. T. I. Euro Telecom International N. V.; First Respondent/first Defendant: Republic of Bolivia; Second Respondent/second Defendant: Empresa Nacional de Telecomunicaciones Entel S. A.
Jurisdiction
England and Wales
Judgment Date
28 July 2008
Procedural Posture
Appeal From High Court (commercial Court) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Interim Relief, ICSID Arbitration, Freezing Orders, Jurisdiction, State Immunity, Bilateral Investment Treaty
Arbitration International Law Civil Procedure State Immunity Interim Relief ICSID Arbitration Freezing Orders Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

E. T. I. Euro Telecom International N. V.

Appellant/claimant

Republic of Bolivia

First Respondent/first Defendant

Empresa Nacional de Telecomunicaciones Entel S. A.

Second Respondent/second Defendant

Procedural Posture

Appeal From High Court (commercial Court) / Appeal Judgment

Legal Issues

  1. 1 Whether the English court had jurisdiction to grant a freezing order in support of ICSID arbitration or New York proceedings under section 25 of the Civil Jurisdiction and Judgments Act 1982 as extended by the 1997 Order
  2. 2 Whether it was expedient to grant such relief in light of the ICSID Convention and Rules
  3. 3 Whether state immunity applied to prevent the order against Bolivia

Ratio Decidendi

The English court has no jurisdiction under section 25 of the 1982 Act as extended by the 1997 Order to grant interim relief in support of ICSID arbitration or the New York attachment proceedings, as neither constitutes substantive proceedings within the meaning of the statute. The ICSID Convention and Rules create an exclusive regime for provisional measures, making it inexpedient for the English court to grant relief. State immunity applies to Bolivia, and there is no independent basis for an order against Entel.

Court Disposition

Appeal dismissed

Orders

  • Freezing orders set aside
  • No interim relief granted against Bolivia or Entel