Trans-Oil International SA v (Savoy Trading LP & Anor [2020] EWHC 57 (Comm) (16 January 2020)

Trans-Oil International SA v (Savoy Trading LP & Anor [2020] EWHC 57 (Comm) (16 January 2020)

The applicant has not shown a good arguable case that Mr Melnykov is personally liable under the contract or a party to the arbitration agreement, nor that the court has jurisdiction to grant a freezing order or name him in the penal notice. CPR 6.36 and CPR 62.5 gateways are not satisfied, and CPR 81.4(3) does not extend to partners.

Citation
[2020] EWHC 57 (Comm)
Parties
Claimant: Trans-Oil International SA; Defendant: Savoy Trading LP; Defendant: Ivan Melnykov
Jurisdiction
England and Wales
Judgment Date
16 January 2020
Procedural Posture
Commercial Court Application / Application for Variation of Worldwide Freezing Order
Outcome
Application refused
Legal Topics
Freezing Injunctions, Jurisdiction, Service Out of Jurisdiction, Arbitration Agreements, Partnership Liability
Civil Procedure Commercial Law Arbitration Freezing Injunctions Jurisdiction Service Out of Jurisdiction Arbitration Agreements Partnership Liability

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Parties

Trans-Oil International SA

Claimant

Savoy Trading LP

Defendant

Ivan Melnykov

Defendant

Procedural Posture

Commercial Court Application / Application for Variation of Worldwide Freezing Order

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a freezing order against Mr Melnykov
  2. 2 Whether Mr Melnykov is personally liable under the contract
  3. 3 Whether Mr Melnykov can be named in the penal notice as a de facto partner/director

Ratio Decidendi

The applicant has not shown a good arguable case that Mr Melnykov is personally liable under the contract or a party to the arbitration agreement, nor that the court has jurisdiction to grant a freezing order or name him in the penal notice. CPR 6.36 and CPR 62.5 gateways are not satisfied, and CPR 81.4(3) does not extend to partners.

Court Disposition

Application refused

Orders

  • Refused to add Mr Melnykov to freezing order
  • Refused to name Mr Melnykov in penal notice