Vale SA v BSG Resources Ltd & Anor [2020] EWHC 2021 (Comm) (30 July 2020)

Vale SA v BSG Resources Ltd & Anor [2020] EWHC 2021 (Comm) (30 July 2020)

All objections to the Part 71 Order fail; the application to set aside is dismissed because the Order was properly made without notice, full and frank disclosure was complied with, the scope of disclosure is justified, and Mr Cramer's proposals do not warrant setting aside or varying the Order.

Citation
[2020] EWHC 2021 (Comm)
Parties
Claimant: Vale SA; Defendant: BSG Resources Limited (in administration); Additional Respondent: Dag Lars Cramer
Jurisdiction
England and Wales
Judgment Date
30 July 2020
Procedural Posture
Enforcement Proceedings / Application to Set Aside Part 71 Order
Outcome
Application to set aside Part 71 Order dismissed
Legal Topics
Enforcement of Arbitration Awards, CPR Part 71 Orders, Full and Frank Disclosure, Oppression in Enforcement Proceedings
Civil Procedure Arbitration Commercial Law Enforcement of Arbitration Awards CPR Part 71 Orders Full and Frank Disclosure Oppression in Enforcement Proceedings

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Parties

Vale SA

Claimant

BSG Resources Limited (in administration)

Defendant

Dag Lars Cramer

Additional Respondent

Procedural Posture

Enforcement Proceedings / Application to Set Aside Part 71 Order

Legal Issues

  1. 1 Whether the Part 71 Order should be set aside or varied
  2. 2 Whether the application should have been made with notice
  3. 3 Whether Vale complied with its duty of full and frank disclosure

Ratio Decidendi

All objections to the Part 71 Order fail; the application to set aside is dismissed because the Order was properly made without notice, full and frank disclosure was complied with, the scope of disclosure is justified, and Mr Cramer's proposals do not warrant setting aside or varying the Order.

Court Disposition

Application to set aside Part 71 Order dismissed

Orders

  • Mr Cramer must comply with the Part 71 Order, attend for examination, and produce documents as specified.