Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2013] EWHC 1323 (Comm) (23 May 2013)

Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2013] EWHC 1323 (Comm) (23 May 2013)

The court has jurisdiction under s.37(1) Senior Courts Act 1981 to order worldwide asset disclosure against defendants in aid of enforcement of arbitral awards, even where the officers providing disclosure are outside the jurisdiction, and service on the defendants' solicitors was valid given the established...

Source-derived case information.

Citation
[2013] EWHC 1323 (Comm)
Parties
Claimant: Cruz City 1 Mauritius Holdings; Defendant: Unitech Limited; Defendant: Burley Holdings Limited; Defendant: Arsanovia Limited
Jurisdiction
England and Wales
Judgment Date
23 May 2013
Procedural Posture
Arbitration Enforcement Application / Application for Post Award Asset Disclosure Order Under S.37(1) Senior Courts Act 1981
Outcome
Application granted
Legal Topics
Enforcement of Arbitral Awards, Asset Disclosure, Jurisdiction, Alternative Service, Injunctions
Arbitration Civil Procedure Commercial Law Enforcement of Arbitral Awards Asset Disclosure Jurisdiction Alternative Service Injunctions

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Parties

Cruz City 1 Mauritius Holdings

Claimant

Unitech Limited

Defendant

Burley Holdings Limited

Defendant

Arsanovia Limited

Defendant

Procedural Posture

Arbitration Enforcement Application / Application for Post Award Asset Disclosure Order Under S.37(1) Senior Courts Act 1981

Legal Issues

  1. 1 Whether the court has jurisdiction to order worldwide asset disclosure against foreign defendants in aid of enforcement of arbitral awards under s.37(1) Senior Courts Act 1981
  2. 2 Whether service on the defendants' solicitors within the jurisdiction was valid
  3. 3 Whether the decision in Masri (No 4) affects the availability of such disclosure orders

Ratio Decidendi

The court has jurisdiction under s.37(1) Senior Courts Act 1981 to order worldwide asset disclosure against defendants in aid of enforcement of arbitral awards, even where the officers providing disclosure are outside the jurisdiction, and service on the defendants' solicitors was valid given the established practice in arbitration claims.

Court Disposition

Application granted

Orders

  • Defendants to provide disclosure, verified by affidavit of a proper officer, of all their assets worldwide; for the 1st and 2nd defendants, limited to assets exceeding US$1 million in value.
  • Defendants' application to set aside service on their solicitors dismissed.