Department of Civil Aviation of the Kyrgyz Republic v Finrep GmbH

Department of Civil Aviation of the Kyrgyz Republic v Finrep GmbH

The order permitting substituted service on an English barrister (Mr Haddon-Cave) was irregular and inappropriate; permission to serve out of the jurisdiction was required but not obtained; the appropriate course was to set aside the order, grant an extension of time for service, permit service out of the jurisdiction, and permit substituted service on the Defendant's solicitors (Field Fisher Waterhouse) in London.

Parties
Claimant: The Dept. of Civil Aviation under the Ministry of Transport & Communications of the Kyrgyz Republic; Defendant: Finrep GmbH
Jurisdiction
England and Wales
Judgment Date
22 May 2006
Procedural Posture
Arbitration Related Application / Application to Set Aside Order for Substituted Service; Application for Extension of Time and Permission to Serve Out of Jurisdiction
Outcome
Order for substituted service on barrister set aside; extension of time for service granted; permission to serve out of jurisdiction granted; substituted service on solicitors permitted and deemed effected.
Legal Topics
Service of Process, Substituted Service, Jurisdictional Challenge, Extension of Time, Permission to Serve Out of Jurisdiction
Arbitration Civil Procedure Service of Process Substituted Service Jurisdictional Challenge Extension of Time Permission to Serve Out of Jurisdiction

Case Brief

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 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

The Dept. of Civil Aviation under the Ministry of Transport & Communications of the Kyrgyz Republic

Claimant

Finrep GmbH

Defendant

Procedural Posture

Arbitration Related Application / Application to Set Aside Order for Substituted Service; Application for Extension of Time and Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the order permitting substituted service on an English barrister should be set aside
  2. 2 Whether permission to serve out of the jurisdiction was required and/or granted
  3. 3 Whether there was a duty on the defendant to nominate solicitors within the jurisdiction to accept service

Ratio Decidendi

The order permitting substituted service on an English barrister (Mr Haddon-Cave) was irregular and inappropriate; permission to serve out of the jurisdiction was required but not obtained; the appropriate course was to set aside the order, grant an extension of time for service, permit service out of the jurisdiction, and permit substituted service on the Defendant's solicitors (Field Fisher Waterhouse) in London.

Court Disposition

Order for substituted service on barrister set aside; extension of time for service granted; permission to serve out of jurisdiction granted; substituted service on solicitors permitted and deemed effected.

Orders

  • Order permitting service on Mr Haddon-Cave set aside.
  • Extension of time for service of the arbitration claim form granted.