Tepe Insaat -v- Boru Hatlari lle Petrol Tasima AS and Turkish Petroleum and Botas International [2015] JRC 102 (13 May 2015)

Tepe Insaat -v- Boru Hatlari lle Petrol Tasima AS and Turkish Petroleum and Botas International [2015] JRC 102 (13 May 2015)

Joining Nacap BV as a party cited in Jersey is equivalent to joining a reluctant joint creditor as a defendant in England; this suffices to bring all necessary parties before the court and enables enforcement of the arbitral award.

Citation
[2015] JRC 102
Parties
Representor: Tepe; First Respondent: Botas; Second Respondent: Second Respondent; Third Respondent: Third Respondent; Party Cited: Nacap BV
Jurisdiction
Jersey
Judgment Date
13 May 2015
Procedural Posture
Application to Re Amend Representation and Join Party Cited / Post Hearing Decision on Joinder and Leave to Serve Out
Outcome
application granted
Legal Topics
Joinder of Parties, Assignment of Contractual Rights, Enforcement of Arbitral Awards, Service Out of Jurisdiction
Civil Procedure Contract Law Arbitration Joinder of Parties Assignment of Contractual Rights Enforcement of Arbitral Awards Service Out of Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Tepe

Representor

Botas

First Respondent

Second Respondent

Second Respondent

Third Respondent

Third Respondent

Nacap BV

Party Cited

Procedural Posture

Application to Re Amend Representation and Join Party Cited / Post Hearing Decision on Joinder and Leave to Serve Out

Legal Issues

  1. 1 Whether Nacap BV should be joined as a party cited to the proceedings
  2. 2 Whether leave should be granted to serve Nacap BV outside the jurisdiction
  3. 3 Whether joining a joint creditor as a party cited is sufficient for enforcement of arbitral awards

Ratio Decidendi

Joining Nacap BV as a party cited in Jersey is equivalent to joining a reluctant joint creditor as a defendant in England; this suffices to bring all necessary parties before the court and enables enforcement of the arbitral award.

Court Disposition

application granted

Orders

  • Leave granted for Tepe to re-amend its representation to join Nacap BV as a party cited.
  • Leave granted to serve Nacap BV outside the jurisdiction pursuant to Rule 7 of the Service of Process Rules 1994.