Ca Indosuez (Switzerland) SA v Afriquia Gaz SA & Anor

Ca Indosuez (Switzerland) SA v Afriquia Gaz SA & Anor

Permission of the court is not required to serve Transitional Claims out of the jurisdiction under the Lugano Convention following the amendment to CPR 6.33(3). Article 6(2) jurisdiction for third party proceedings is established at the date of issue and is not lost by subsequent settlement of the main proceedings. The court does not have discretion to decline jurisdiction under Article 6(2) where it is otherwise established.

Parties
Claimant: CA Indosuez (Switzerland) SA; Defendant/part 20 Claimant/respondent: Afriquia Gaz SA; Defendant/part 20 Claimant/respondent: Maghreb Gaz SA; First Part 20 Defendant: Gulf Petrochem FZC; Second Part 20 Defendant/appellant: UBS Switzerland AG
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Lugano Convention, Transitional Claims, Third Party Proceedings
Civil Procedure Private International Law Jurisdiction Service Out of Jurisdiction Lugano Convention Transitional Claims Third Party Proceedings

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Parties

CA Indosuez (Switzerland) SA

Claimant

Afriquia Gaz SA

Defendant/part 20 Claimant/respondent

Maghreb Gaz SA

Defendant/part 20 Claimant/respondent

Gulf Petrochem FZC

First Part 20 Defendant

UBS Switzerland AG

Second Part 20 Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether permission is required to serve Transitional Claims out of the jurisdiction under the Lugano Convention after Brexit
  2. 2 Whether Article 6(2) of the Lugano Convention continues to found jurisdiction for third party proceedings after settlement of the main proceedings
  3. 3 Whether the court has discretion to decline jurisdiction under Article 6(2)

Ratio Decidendi

Permission of the court is not required to serve Transitional Claims out of the jurisdiction under the Lugano Convention following the amendment to CPR 6.33(3). Article 6(2) jurisdiction for third party proceedings is established at the date of issue and is not lost by subsequent settlement of the main proceedings. The court does not have discretion to decline jurisdiction under Article 6(2) where it is otherwise established.

Court Disposition

Appeal dismissed

Orders

  • UBS's appeal on the service issue is dismissed
  • UBS's appeal on the Article 6(2) jurisdiction issue is dismissed