Dadourian Group International Inc & Ors v Simms & Ors

Dadourian Group International Inc & Ors v Simms & Ors

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 deciding whether to grant or continue the worldwide freezing order. The risk of dissipation of assets was sufficiently established, and the amount of the order was justified by ongoing interest and costs.

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
Worldwide Freezing Orders, Issue Estoppel, Confidentiality in Arbitration, Res Judicata
Civil Procedure Arbitration Injunctions Worldwide Freezing Orders Issue Estoppel Confidentiality in Arbitration Res Judicata

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 against non-parties to the arbitration
  2. 2 Whether the continuation of the worldwide freezing order was justified
  3. 3 Whether Mr Simms was privy to the arbitration for purposes of res judicata and confidentiality exceptions

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 deciding whether to grant or continue the worldwide freezing order. The risk of dissipation of assets was sufficiently established, and the amount of the order was justified by ongoing interest and costs.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed
  • Worldwide freezing order continued against Mr Simms and other defendants