Trafigura Beheer BV v Kookmin Bank Co

Trafigura Beheer BV v Kookmin Bank Co

The issues raised by Kookmin are to be regarded as relating to tort for the purposes of PILA. The most significant elements of the events constituting the alleged tort occurred in Singapore. However, considering all connecting factors, especially the contractual matrix governed by English law, it is substantially...

Source-derived case information.

Parties
Claimant: Trafigura Beheer B.V.; Defendant: Kookmin Bank Co
Jurisdiction
England and Wales
Judgment Date
16 June 2006
Procedural Posture
Commercial Court Preliminary Issue (conflict of Laws) / Judgment on Preliminary Issue Regarding Applicable Law
Outcome
Declaration of non-liability in favour of Trafigura; English law applies to the issues in question.
Legal Topics
Applicable Law in Tort, Letters of Credit, International Sale of Goods, Anti Suit Injunctions
Conflict of Laws Commercial Law Banking Law Applicable Law in Tort Letters of Credit International Sale of Goods Anti Suit Injunctions

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Parties

Trafigura Beheer B.V.

Claimant

Kookmin Bank Co

Defendant

Procedural Posture

Commercial Court Preliminary Issue (conflict of Laws) / Judgment on Preliminary Issue Regarding Applicable Law

Legal Issues

  1. 1 What is the applicable law to determine liability for the 'security claim' advanced by Kookmin against Trafigura in the Korean proceedings?
  2. 2 Are the issues raised by Kookmin to be characterised as relating to tort under English conflict of laws rules?
  3. 3 If so, which country's law applies under the Private International Law (Miscellaneous Provisions) Act 1995, sections 11 and 12?

Ratio Decidendi

The issues raised by Kookmin are to be regarded as relating to tort for the purposes of PILA. The most significant elements of the events constituting the alleged tort occurred in Singapore. However, considering all connecting factors, especially the contractual matrix governed by English law, it is substantially more appropriate for English law to apply to the issues arising from the 'security claim'. Therefore, English law is the applicable law.

Court Disposition

Declaration of non-liability in favour of Trafigura; English law applies to the issues in question.

Orders

  • Declaration that English law is the applicable law to determine the issues relating to Kookmin’s 'security claim' against Trafigura.
  • Declaration (in principle) of non-liability of Trafigura to Kookmin under English law.