Banco San Juan Internacional, Inc. v Petroleos De Venezuela, S.A.

Banco San Juan Internacional, Inc. v Petroleos De Venezuela, S.A.

Both proceedings under the 2016 and 2017 credit agreements were properly served according to the process agent clauses, and the adjournment was granted as a procedural indulgence to allow PDVSA to present its arguments.

Parties
Claimant: Banco San Juan Internacional, Inc.; Defendant: Petróleos de Venezuela, S. A.
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Commercial / Interlocutory Application for Adjournment and Summary Judgment
Outcome
Adjournment granted for summary judgment application.
Legal Topics
Service of Process, Summary Judgment, Adjournment, Process Agent Clauses
Contract Law Civil Procedure Service of Process Summary Judgment Adjournment Process Agent Clauses

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Parties

Banco San Juan Internacional, Inc.

Claimant

Petróleos de Venezuela, S. A.

Defendant

Procedural Posture

Commercial / Interlocutory Application for Adjournment and Summary Judgment

Legal Issues

  1. 1 Whether proceedings were properly served under process agent clauses in credit agreements
  2. 2 Whether an adjournment should be granted for summary judgment application
  3. 3 Interpretation of process agent appointment clauses in credit agreements

Ratio Decidendi

Both proceedings under the 2016 and 2017 credit agreements were properly served according to the process agent clauses, and the adjournment was granted as a procedural indulgence to allow PDVSA to present its arguments.

Court Disposition

Adjournment granted for summary judgment application.

Orders

  • Case to be re-fixed with a half-day estimate.
  • Listed on or as soon as possible after 16th October.