OWH SE.i.L v RTI Ltd (Royal Court : Hearing (Civil) : Le Cocq) [2025] JRC 145 (28 May 2025)

OWH SE.i.L v RTI Ltd (Royal Court : Hearing (Civil) : Le Cocq) [2025] JRC 145 (28 May 2025)

There is sufficient evidence of risk of dissipation and no persuasive public policy bar; the Plaintiff is entitled to maintain the freezing order and receive disclosure to aid enforcement of the arbitral award.

Citation
[2025] JRC 145
Parties
Plaintiff: OWH SE i. L.; Defendant: RTI Ltd; Guarantor: United Company Rusal
Jurisdiction
Jersey
Judgment Date
28 May 2025
Procedural Posture
Application to Set Aside Interim Injunction and Disclosure Order / Post Arbitral Award, Enforcement Proceedings
Outcome
Defendant's application to set aside the interim injunction and disclosure order is rejected.
Legal Topics
Freezing Orders, Disclosure Orders, Risk of Dissipation, Enforcement of Arbitral Awards, Public Policy Exception
Commercial Law Arbitration Injunctions Freezing Orders Disclosure Orders Risk of Dissipation Enforcement of Arbitral Awards Public Policy Exception

Case Brief

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Parties

OWH SE i. L.

Plaintiff

RTI Ltd

Defendant

United Company Rusal

Guarantor

Procedural Posture

Application to Set Aside Interim Injunction and Disclosure Order / Post Arbitral Award, Enforcement Proceedings

Legal Issues

  1. 1 Whether the Plaintiff satisfied the legal tests for a freezing order and disclosure order
  2. 2 Whether there is a real risk of dissipation of assets by the Defendant
  3. 3 Whether public policy prevents enforcement of the arbitral award

Ratio Decidendi

There is sufficient evidence of risk of dissipation and no persuasive public policy bar; the Plaintiff is entitled to maintain the freezing order and receive disclosure to aid enforcement of the arbitral award.

Court Disposition

Defendant's application to set aside the interim injunction and disclosure order is rejected.

Orders

  • Stay on disclosure orders is lifted; Defendant must comply with disclosure requirements.
  • Plaintiff awarded costs of and incidental to the application, to be taxed if not agreed.