The Republic of Mozambique v Credit Suisse International & Ors

The Republic of Mozambique v Credit Suisse International & Ors

None of the claims or issues in the Main Action, including the Instrument of Fraud Allegation, are sufficiently connected to the Supply Contracts to fall within the scope of the arbitration clauses. The claims are in tort and equity, not contract, and the Republic seeks no relief under the Supply Contracts. The...

Source-derived case information.

Parties
Claimant: The Republic of Mozambique (acting through its Attorney General); Defendant: Credit Suisse International; Defendant: Credit Suisse AG; Defendant: Mr Surjan Singh; Defendant: Mr Andrew James Pearse; Defendant: Ms Detelina Subeva; Defendant: Privinvest Shipbuilding S. A. L. (Holding); Defendant: Abu Dhabi Mar Investments LLC; Defendant: Privinvest Shipbuilding Investments LLC; Defendant: Logistics International SAL (Offshore); Defendant: Logistics International Investments LLC; Defendant: Credit Suisse Securities (Europe) Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2020
Procedural Posture
Commercial Court Civil Action / Ruling on Application to Stay Proceedings Under Section 9 Arbitration Act 1996 (scope Issue)
Outcome
Application for stay dismissed; Scope Issue decided in favour of the Republic.
Legal Topics
Scope of Arbitration Clauses, Bribery, Dishonest Assistance, Knowing Receipt, Conspiracy, Jurisdiction, Stay of Proceedings
Commercial Law Arbitration Law Tort Law Equity Scope of Arbitration Clauses Bribery Dishonest Assistance Knowing Receipt +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

The Republic of Mozambique (acting through its Attorney General)

Claimant

Credit Suisse International

Defendant

Credit Suisse AG

Defendant

Mr Surjan Singh

Defendant

Mr Andrew James Pearse

Defendant

Ms Detelina Subeva

Defendant

Privinvest Shipbuilding S. A. L. (Holding)

Defendant

Abu Dhabi Mar Investments LLC

Defendant

Privinvest Shipbuilding Investments LLC

Defendant

Logistics International SAL (Offshore)

Defendant

Logistics International Investments LLC

Defendant

Credit Suisse Securities (Europe) Limited

Defendant

Procedural Posture

Commercial Court Civil Action / Ruling on Application to Stay Proceedings Under Section 9 Arbitration Act 1996 (scope Issue)

Legal Issues

  1. 1 Whether any claims or issues in the Main Action are covered by the arbitration clauses in the Supply Contracts under Swiss law
  2. 2 Whether the 'Instrument of Fraud Allegation' (IFA) is sufficiently connected to the Supply Contracts to fall within the arbitration clauses
  3. 3 Whether the claims for bribery, dishonest assistance, knowing receipt, proprietary relief, and conspiracy are subject to mandatory stay under section 9 Arbitration Act 1996

Ratio Decidendi

None of the claims or issues in the Main Action, including the Instrument of Fraud Allegation, are sufficiently connected to the Supply Contracts to fall within the scope of the arbitration clauses. The claims are in tort and equity, not contract, and the Republic seeks no relief under the Supply Contracts. The application for a stay under section 9 Arbitration Act 1996 is dismissed in its entirety.

Court Disposition

Application for stay dismissed; Scope Issue decided in favour of the Republic.

Orders

  • Application to stay proceedings under section 9 Arbitration Act 1996 dismissed.
  • No trial required on balance of issues under the Application.