Integral Petroleum SA v Petrogat FZA & Ors

Integral Petroleum SA v Petrogat FZA & Ors

The applicant established a good arguable case under section 423, there is solid evidence of a real risk of asset dissipation, and it is just and convenient to grant the freezing order and associated disclosure. The requirements for service out of the jurisdiction and alternative service are satisfied due to the respondents' conduct and the need for effective enforcement.

Parties
Applicant: Integral Petroleum S.A.; Respondent: Petrogat FZA; Respondent: Ms Mahdieh Sanchouli; Respondent: Hosseinali Sanchouli; Respondent: Kanybek Beisenov
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Commercial Application (without Notice) / Application for Worldwide Freezing Order and Associated Disclosure Orders
Outcome
Application granted
Legal Topics
Freezing Injunctions, Asset Dissipation, Enforcement of Arbitral Awards, Service Out of Jurisdiction, Alternative Service, Section 423 Insolvency Act Claims
Commercial Law Insolvency Law Civil Procedure Freezing Injunctions Asset Dissipation Enforcement of Arbitral Awards Service Out of Jurisdiction Alternative Service +1 more

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 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Integral Petroleum S.A.

Applicant

Petrogat FZA

Respondent

Ms Mahdieh Sanchouli

Respondent

Hosseinali Sanchouli

Respondent

Kanybek Beisenov

Respondent

Procedural Posture

Commercial Application (without Notice) / Application for Worldwide Freezing Order and Associated Disclosure Orders

Legal Issues

  1. 1 Whether the applicant is entitled to a worldwide freezing order against the respondents
  2. 2 Whether there is a good arguable case on the merits under section 423 of the Insolvency Act
  3. 3 Whether there is a real risk of asset dissipation by the respondents

Ratio Decidendi

The applicant established a good arguable case under section 423, there is solid evidence of a real risk of asset dissipation, and it is just and convenient to grant the freezing order and associated disclosure. The requirements for service out of the jurisdiction and alternative service are satisfied due to the respondents' conduct and the need for effective enforcement.

Court Disposition

Application granted

Orders

  • Worldwide freezing order for approximately USD 1.75 million against the respondents
  • Associated disclosure orders regarding assets