Global Multimedia International Ltd v ARA Media Services & Anor [2006] EWHC 3612 (Ch) (21 July 2006)

Global Multimedia International Ltd v ARA Media Services & Anor [2006] EWHC 3612 (Ch) (21 July 2006)

Mr. Aljadail, by his conduct and that of his solicitors, objectively submitted to the jurisdiction of the English court before seeking to challenge it; England is the appropriate forum for the Part 20 claim given the connections of the parties and risk of conflicting judgments; the application to set aside service and stay proceedings is dismissed.

Citation
[2006] EWHC 3612 (Ch)
Parties
Claimant/part 20 Defendant: Global Multimedia International Limited; Defendant/part 20 Claimant: ARA Media Services; Defendant/part 20 Claimant: Middle East Broadcasting Centre; Part 20 Defendant (applicant): Assad Abu Aljadail; Part 20 Defendant: Mamdouh Abougabal; Part 20 Defendant: Hamdi Al Serafi; Part 20 Defendant: Mazen Makki; Part 20 Defendant: Antoine Elias Khoury; Part 20 Defendant: Global Media (UK) Limited
Jurisdiction
England and Wales
Judgment Date
21 July 2006
Procedural Posture
Chancery Division Civil Claim With Part 20 Proceedings / Application to Contest Jurisdiction and Set Aside Service Orders
Outcome
Application dismissed
Legal Topics
Jurisdiction Challenge, Submission to Jurisdiction, Forum Conveniens, Service Out of Jurisdiction, Release and Settlement Agreements, Pleading Foreign Law
Civil Procedure Private International Law Employment Law Contract Law Jurisdiction Challenge Submission to Jurisdiction Forum Conveniens Service Out of Jurisdiction +2 more

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Parties

Global Multimedia International Limited

Claimant/part 20 Defendant

ARA Media Services

Defendant/part 20 Claimant

Middle East Broadcasting Centre

Defendant/part 20 Claimant

Assad Abu Aljadail

Part 20 Defendant (applicant)

Mamdouh Abougabal

Part 20 Defendant

Hamdi Al Serafi

Part 20 Defendant

Mazen Makki

Part 20 Defendant

Antoine Elias Khoury

Part 20 Defendant

Global Media (UK) Limited

Part 20 Defendant

Procedural Posture

Chancery Division Civil Claim With Part 20 Proceedings / Application to Contest Jurisdiction and Set Aside Service Orders

Legal Issues

  1. 1 Whether Mr. Aljadail submitted to the jurisdiction of the English court
  2. 2 Whether England or Saudi Arabia is the appropriate forum for the Part 20 claim
  3. 3 Whether service orders should be set aside

Ratio Decidendi

Mr. Aljadail, by his conduct and that of his solicitors, objectively submitted to the jurisdiction of the English court before seeking to challenge it; England is the appropriate forum for the Part 20 claim given the connections of the parties and risk of conflicting judgments; the application to set aside service and stay proceedings is dismissed.

Court Disposition

Application dismissed

Orders

  • Application of Mr. Aljadail to contest jurisdiction and set aside service is dismissed
  • Mr. Aljadail to pay £80,000 on account of costs within 28 days