Delkor v ASES

[2012] EWHC 3667 (Comm)

Barrister: Robin Neill
Area of Law: Commercial Dispute Resolution
Robin successfully obtained Restraining Orders against a Bank domiciled in the UK and an entity domiciled in Turkey under S.44 of the Arbitration Act 1996 in respect of an arbitration whose seat is in Switzerland.  The Orders prevent the respondents from respectively paying out on or calling a guarantee and performance bond issued by the bank on the basis of the fraud of the Turkish entity against whom the claimant has commenced arbitration in Switzerland. This may well be the first decision of its kind in the Commercial Court (by Mr Justice Burton).