The Republic of Mozambique v Credit Suisse International & Ors [2020] EWHC 1709 (Comm) (08 April 2020)

The Republic of Mozambique v Credit Suisse International & Ors [2020] EWHC 1709 (Comm) (08 April 2020)

The court refused to defer the section 9 applications to the arbitral tribunal, finding that deferral would cause unacceptable delay and prejudice, given the inextricable linkage of claims and risk of irreconcilable judgments. The court ordered that the Scope Point, Service Point, Safa Stay Point, and any D6 to D8 issues requiring decision, as well as permission for Part 20 applications, be determined at the May hearing. The Beneficiary and Interference Points were left for trial. Directions for evidence and statements of case were ordered for efficient case management.

Citation
[2020] EWHC 1709 (Comm)
Parties
Claimant/respondent: The Republic of Mozambique (acting through its Attorney General); Defendant/applicant: Credit Suisse International; Defendant/applicant: Credit Suisse AG; Defendant/applicant: Mr Surjan Singh; Defendant/applicant: Mr Andrew James Pearse; Defendant/applicant: Ms Detelina Subeva; Defendant/applicant: Privinvest Shipbuilding S.A.L., Abu Dhabi (Branch); Defendant/applicant: Abu Dhabi Mar LLC; Defendant/applicant: Privinvest Shipbuilding Investments LLC; Defendant/applicant: Logistics International SAL (Offshore); Defendant/applicant: Logistics International Investments LLC; Defendant/applicant: Mr Iskandar Safa
Jurisdiction
England and Wales
Judgment Date
08 April 2020
Procedural Posture
Commercial Court Proceedings (case Management Conference) / Interlocutory (case Management Directions on Section 9 Arbitration Act 1996 Applications)
Outcome
Applications for deferral of section 9 challenges refused; directions given for preliminary issues and trial management.
Legal Topics
Stay of Proceedings, Arbitration Agreements, Jurisdictional Challenges, Case Management, Bribery and Corruption, Conspiracy, Sovereign Guarantees
Arbitration Commercial Law Civil Procedure Stay of Proceedings Arbitration Agreements Jurisdictional Challenges Case Management Bribery and Corruption +2 more

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Parties

The Republic of Mozambique (acting through its Attorney General)

Claimant/respondent

Credit Suisse International

Defendant/applicant

Credit Suisse AG

Defendant/applicant

Mr Surjan Singh

Defendant/applicant

Mr Andrew James Pearse

Defendant/applicant

Ms Detelina Subeva

Defendant/applicant

Privinvest Shipbuilding S.A.L., Abu Dhabi (Branch)

Defendant/applicant

Abu Dhabi Mar LLC

Defendant/applicant

Privinvest Shipbuilding Investments LLC

Defendant/applicant

Logistics International SAL (Offshore)

Defendant/applicant

Logistics International Investments LLC

Defendant/applicant

Mr Iskandar Safa

Defendant/applicant

Procedural Posture

Commercial Court Proceedings (case Management Conference) / Interlocutory (case Management Directions on Section 9 Arbitration Act 1996 Applications)

Legal Issues

  1. 1 Whether to defer section 9 Arbitration Act 1996 applications pending arbitral tribunal's decision
  2. 2 Whether certain issues (Scope, Beneficiary, Interference, Service, Stay) should be determined as preliminary issues or at trial
  3. 3 Case management of related applications and claims

Ratio Decidendi

The court refused to defer the section 9 applications to the arbitral tribunal, finding that deferral would cause unacceptable delay and prejudice, given the inextricable linkage of claims and risk of irreconcilable judgments. The court ordered that the Scope Point, Service Point, Safa Stay Point, and any D6 to D8 issues requiring decision, as well as permission for Part 20 applications, be determined at the May hearing. The Beneficiary and Interference Points were left for trial. Directions for evidence and statements of case were ordered for efficient case management.

Court Disposition

Applications for deferral of section 9 challenges refused; directions given for preliminary issues and trial management.

Orders

  • Scope Point, Service Point, Safa Stay Point, D6 to D8 issues, and Part 20 application permission to be determined at May hearing (26-28 May)
  • Trial of remaining section 9 issues scheduled for January 2021