BB Energy (Gulf) DMCC v Al Amoudi & Ors

BB Energy (Gulf) DMCC v Al Amoudi & Ors

The application for a stay is dismissed because there is no forum non conveniens discretion under the Brussels Regulation (recast) where defendants are domiciled in England, Article 34 does not apply to Moroccan insolvency proceedings, and the claims against the directors are personal and do not interfere with the Moroccan liquidation. There is no basis for a stay on lis alibi pendens or case management grounds.

Parties
Claimant: B. B. Energy (Gulf) DMCC; Defendant: Mohammed Hussein Al Amoudi; Defendant: Jamal Mohamed Ba-Amer; Defendant: Bassam Felix Aburdene; Defendant: Jason Tadwell Milazzo
Jurisdiction
England and Wales
Judgment Date
04 October 2018
Procedural Posture
Commercial Court Application / Ruling on Application for Stay of Proceedings
Outcome
Application for stay dismissed
Legal Topics
Stay of Proceedings, Forum Non Conveniens, Cross Border Insolvency, Lis Alibi Pendens, Jurisdiction
Civil Procedure Insolvency Private International Law Stay of Proceedings Forum Non Conveniens Cross Border Insolvency Lis Alibi Pendens Jurisdiction

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Parties

B. B. Energy (Gulf) DMCC

Claimant

Mohammed Hussein Al Amoudi

Defendant

Jamal Mohamed Ba-Amer

Defendant

Bassam Felix Aburdene

Defendant

Jason Tadwell Milazzo

Defendant

Procedural Posture

Commercial Court Application / Ruling on Application for Stay of Proceedings

Legal Issues

  1. 1 Whether proceedings in England should be stayed in favour of Moroccan insolvency proceedings
  2. 2 Whether England is forum non conveniens
  3. 3 Whether Moroccan liquidation proceedings justify a stay under lis alibi pendens or case management grounds

Ratio Decidendi

The application for a stay is dismissed because there is no forum non conveniens discretion under the Brussels Regulation (recast) where defendants are domiciled in England, Article 34 does not apply to Moroccan insolvency proceedings, and the claims against the directors are personal and do not interfere with the Moroccan liquidation. There is no basis for a stay on lis alibi pendens or case management grounds.

Court Disposition

Application for stay dismissed

Orders

  • Permission granted for each side to rely on served expert reports for the purposes of the application notice of 21 February 2018 only
  • Application for stay of proceedings is dismissed