Helice Leasing S.A.S v PT Garuda Indonesia (Persero) TbK (Rev 1)

Helice Leasing S.A.S v PT Garuda Indonesia (Persero) TbK (Rev 1)

Service at the Hammersmith address was valid as per Companies House records; alternatively, retrospective orders for service or extension would be granted. The lease's arbitration clause covers all disputes, including those arising from default, and no carve-out for court action exists. Refusal to pay constitutes a dispute for arbitration. Stay for arbitration is granted; forum non conveniens stay is refused as Indonesia is not shown to be clearly more appropriate.

Parties
Claimant: Helice Leasing S.A.S; Defendant: Indonesia (Persero) TbK; Defendant: PT Garuda
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Commercial Court Application / Ruling on Jurisdiction, Service, and Stay Applications
Outcome
Stay granted in favour of arbitration under clause 15.2 of the Lease; forum non conveniens stay refused.
Legal Topics
Service of Process, Arbitration Agreements, Forum Non Conveniens, Retrospective Orders, Lease Enforcement
Commercial Law Arbitration Civil Procedure Service of Process Arbitration Agreements Forum Non Conveniens Retrospective Orders Lease Enforcement

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Parties

Helice Leasing S.A.S

Claimant

Indonesia (Persero) TbK

Defendant

PT Garuda

Defendant

Procedural Posture

Commercial Court Application / Ruling on Jurisdiction, Service, and Stay Applications

Legal Issues

  1. 1 Whether service of claim form at Hammersmith address was valid
  2. 2 Whether retrospective orders for service or extension of time should be granted
  3. 3 Whether proceedings should be stayed in favour of arbitration under s.9 Arbitration Act 1996

Ratio Decidendi

Service at the Hammersmith address was valid as per Companies House records; alternatively, retrospective orders for service or extension would be granted. The lease's arbitration clause covers all disputes, including those arising from default, and no carve-out for court action exists. Refusal to pay constitutes a dispute for arbitration. Stay for arbitration is granted; forum non conveniens stay is refused as Indonesia is not shown to be clearly more appropriate.

Court Disposition

Stay granted in favour of arbitration under clause 15.2 of the Lease; forum non conveniens stay refused.

Orders

  • Proceedings stayed under s.9 Arbitration Act 1996 in favour of LCIA arbitration.
  • Application for stay on forum non conveniens grounds dismissed.