commercial court vienna

275 results for commercial court vienna

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  • GPF GP SARL v The Republic of Poland (Rev 1), Court of Appeal - Commercial Court, March 02, 2018, [2018] EWHC 409 (Comm)

    1. The parties appear before the Court on the hearing of an application on the part of GPF GP S.à.r.l (``Griffin'') under section 67 of the Arbitration Act 1996 (the ``1996 Act'') challenging on jurisdictional grounds an Award on Jurisdiction dated 15 February 2017 (the ``Award'') in SCC Arbitration V 2014/168 (the ``Arbitration'') rendered by a t...

    ... common ground, it is for me to interpret the arbitration agreement in the BIT in accordance with international law, and the principles of interpretation contained in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (1969) (the ``Vienna Convention'') which codifies customary international law - see Occidental Exploration v The Republic of Equador, supra, at [33]-[34]. . B. The ...

  • Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs, Court of Appeal - Civil Division, May 23, 2014, [2014] EWCA Civ 708

    2. This appeal is a further chapter in the history of litigation arising out of the removal and subsequent exclusion of the native population from the Chagos Archipelago in the British Indian Ocean Territory (``BIOT''). Mr Bancoult challenges the decision taken by the Secretary of State for Foreign and Commonwealth Affairs on 1 April 2010 to creat...

    ... was prohibited from admitting the document evidentially by articles 24 and/or 27.2 of the Vienna Convention on Diplomatic Relations 1961 (``the 1961 Convention''), set out in and incorporated into ... the creation of an MPA in the BIOT which included a ``no take'' Marine Reserve where commercial fishing would be banned. Mr Roberts duly made the proclamation on 1 April. 79. The Divisional ...

  • Estrada v Walid Bin Ahmed Abdallah Al-Juffali, Court of Appeal - Family Division, February 08, 2016, [2016] EWHC 213 (Fam)

    This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representat...

    ...'s claim falls within the `real action' exemption for the purposes of Article 31 of the Vienna Convention on Diplomatic Relations 1961 (VCDR) is not an issue which needs to be determined within ... or a composite transaction which includes an artificial step inserted for no commercial purpose: W T Ramsay Ltd v Inland Revenue Commissioners [1982] AC 300, Furniss v Dawson [1984] AC ...

  • Energy Venture Partners Ltd v Malabu Oil and Gas Ltd, Court of Appeal - Commercial Court, July 17, 2013, [2013] EWHC 2118 (Comm)

    1. In this claim, the Claimant, Energy Venture Partners Ltd (``EVP'' or ``the Claimant''), a company registered under the laws of the British Virgin Islands, seeks payment of fees allegedly due to it from the Defendant, Malabu Oil and Gas Ltd (``Malabu'' or ``the Defendant''), a company registered under the laws of Nigeria, in relation to the sale

    ... the 6% commission to which ILC was apparently entitled under the terms of the ILC Agreement, which was signed by Chief Etete on behalf of Malabu, and Mr Agaev on behalf of ILC at a meeting in Vienna on 15 December 2009. In so far as it necessary for me to do so, I can say, however, that I am not satisfied on the evidence before me that either EVP or Malabu has established, on the balance of ...

  • PAO Tatneft v Ukraine, Court of Appeal - Commercial Court, July 13, 2018, [2018] EWHC 1797 (Comm)

    1. This is an application by the Defendant (``Ukraine'') to set aside an order made by Teare J ex parte on 9 August 2017 under s. 101 Arbitration Act 1996 (``the Arbitration Act''). By that order Teare J granted leave to the Claimant (``Tatneft'') to enforce an arbitration award dated 29 July 2014 (``the Merits Award''), and judgment was entered a...

    ...(1) It is for the Court to interpret the BIT in accordance with international law, and the principles of interpretation contained in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (1969) (``the Vienna Convention''), which codifies customary international law (GPF, [9]). . (2) Article 31 sets out the primary rule of interpretation: . (1) A ...

  • Madoff Securities International Ltd v Raven & Ors, Court of Appeal - Commercial Court, October 18, 2013, [2013] EWHC 3147 (Comm)

    1. On 29 June 2009, Bernard Madoff was sentenced by a Court of the Southern District of New York to 150 years in prison and ordered to forfeit US$170 billion. The present claim is brought in the long shadow cast by his notorious Ponzi scheme fraud, perpetrated through his New York business for two decades or more. But this case is not primarily a...

    ... She was born shortly after the war as the only child of two holocaust survivors, and brought up in Vienna where her father traded in textiles, coffee and other commodities and then opened a chain of dry cleaning shops. She married her husband a month before she left school at the age of 18. She never ...

  • L R Avionics Technologies Ltd v The Federal Republic of Nigeria & Anor, Court of Appeal - Commercial Court, July 15, 2016, [2016] EWHC 1761 (Comm)

    1. If a state were to use its own premises in order to carry out consular activities such as the handling of passport and visa applications, it could not be said that the premises were ``in use ... for commercial purposes'' within the meaning of section 13(4) of the State Immunity Act 1978. The premises would therefore be immune from any process fo...

    ...Rather it would be a consular activity which a state enters into in the exercise of its public functions. Article 5(d) of the 1963 Vienna Convention on Consular Relations scheduled to the Consular Relations Act 1968 includes ``issuing passports and travel documents to nationals of the sending State, and visas or appropriate documents ...

  • Air Canada & Ors v Emerald Supplies Limited & Ors, Court of Appeal - Civil Division, October 14, 2015, [2015] EWCA Civ 1024

    Daniel Beard QC and Thomas Sebastian (instructed by Hogan Lovells International LLP for Air Canada, Linklaters LLP for Air France-KLM, KLM NV, Martinair Holland NV and Société Air France, Shearman & Sterling (London) LLP for Cargolux Airlines International SA, Squire Paton Boggs (UK) LLP for Cathay Pacific Airways Limited, Shepherd and Wedderburn L...

    ... the confidential version of the Commission Decision in order to protect the legitimate commercial interests of the airlines pursuant to Article 4(2) of Regulation No. 1049/2001 (``the Regulation"). ...') had brought judicial proceedings before the Oberlandesgericht Wien (Higher Regional Court, Vienna), sitting as a Kartellgericht (Cartel Court), against Donau Chemie AG and other companies (`Donau ...

  • Sheikh Abdulrahman Khalid Bin Mahfouz v Sheikh Sultan Bin Mahfouz & Anor, Court of Appeal - Commercial Court, May 25, 2016, [2016] EWHC 1380 (Comm)

    1 Where the defendant to a claim for money puts forward a defence which has a real prospect of success, he is entitled to have the merits of the claim and of that defence decided at a trial. Where, however, it is entirely plain on evidence before the court that the defence put forward is entirely without substance and is fanciful, it is unnecessar...

    ... After he reached out to me and I gave him my word of honour, I showed him one file for a minute or so. He flipped through the papers, found something about a safe deposit in Bank Austria, Vienna, near the Hotel Sacher. He told me that he had found something on this after his father died. He said there was at least £300 million worth of property in it, including precious stones, and it was ...

  • Stott (Appellant) v Thomas Cook Tour Operators Limited (Respondent)

    .... 3. The issue is whether a court may award damages for a claimant's discomfort and injury to ... with reduced mobility, using or intending to use commercial passenger air services on departure from, on transit through, or ..."Applying the Vienna Convention, the [Montreal Convention] is not in any sense ...

  • Benkharbouche v Embassy Of The Republic Of Sudan (EU law : access to court), Court of Appeal - United Kingdom Employment Appeal Tribunal, October 04, 2013, [2013] UKEAT 00401_1E_0410

    A cook at the Sudanese embassy, and a member of the domestic staff of the Libyan embassy, both made claims arising out of their employment. They were met with pleas of State Immunity Act 1978, which were upheld by two separate ETs. They appealed on the basis that the plea of immunity denied them access to court to enforce their rights, relying upon...

    ... for an office, agency or establishment maintained by the State in the United Kingdom for commercial purposes, subsection (2)(a) and. (b) above do not exclude the application of this section unless ...''2 Application of Vienna Convention. Subject to section 3 of this Act, the Articles set out in Schedule 1 to this Act (being ...

  • Benkharbouche v Embassy Of The Republic Of Sudan (Jurisdictional Points : State immunity), Court of Appeal - United Kingdom Employment Appeal Tribunal, October 04, 2013, [2013] UKEAT 0401_12_0410

    A cook at the Sudanese embassy, and a member of the domestic staff of the Libyan embassy, both made claims arising out of their employment. They were met with pleas of State Immunity, which were upheld by two separate ETs. They appealed on the basis that the plea of immunity denied them access to court to enforce their rights, relying upon the de...

    ... for an office, agency or establishment maintained by the State in the United Kingdom for commercial purposes, subsection (2)(a) and (b) above do not exclude the application of this section unless the ... ``2 Application of Vienna Convention.E+W+S+N.I. (1) Subject to section 3 of this Act, the Articles set out in Schedule 1 to ...

  • Janah v Libya (Jurisdictional Points : State immunity), Court of Appeal - United Kingdom Employment Appeal Tribunal, October 04, 2013, [2013] UKEAT 0020_13_0410

    A cook at the Sudanese embassy, and a member of the domestic staff of the Libyan embassy, both made claims arising out of their employment. They were met with pleas of State Immunity, which were upheld by two separate ETs. They appealed on the basis that the plea of immunity denied them access to court to enforce their rights, relying upon the de...

    ... for an office, agency or establishment maintained by the State in the United Kingdom for commercial purposes, subsection (2)(a) and (b) above do not exclude the application of this section unless the ... ``2 Application of Vienna Convention.E+W+S+N.I. (1) Subject to section 3 of this Act, the Articles set out in Schedule 1 to ...

  • Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH & Anor, Court of Appeal - Chancery Division, August 06, 2014, [2014] EWHC 2782 (Ch)

    1. The defendants apply for a stay of these proceedings on the grounds that proceedings involving the same cause of action and between the same parties were commenced in the Swiss courts before the issue of the claim form in the present proceedings. Accordingly, the Swiss courts were first seised in respect of the proceedings and the English court

    ... District Court declined to hear the actions on the basis that jurisdiction lay with the Commercial Court in Zurich. The KT parties appealed and in a judgment handed down on 4 July 2014 the Supreme ...Professor Oberhammer is currently a professor in the department of civil procedure at Vienna University but from 2003 until 2011 was a professor of Swiss and international civil procedure at ...

  • The Serious Fraud Office v Saleh, Court of Appeal - Queen's Bench Division, July 21, 2015, [2015] EWHC 2119 (QB)

    1. This is an application by the Respondent to discharge a property freezing order (``PFO'') made by Mostyn J under Part 5 of the Proceeds of Crime Act 2002 (``POCA'') on 29 July 2014 in respect of £4,400,000 plus interest credited to an account at the Royal Bank of Scotland Plc in the name of Computershare Investor Services Plc. (``CIS''). 2. The...

    ... Chadian Embassy in Washington DC that were entered into by GEI in order to promote its commercial interests in Chad. At that time, GEI was seeking to secure development rights over two oil blocks ... SFO would not be entitled to rely upon any evidence obtained in the USA in violation of the Vienna Convention on Diplomatic Relations 1961 at the time when Mrs Saleh did have immunity. At this stage ...

  • The European Union & Anor v The Syrian Arab Republic, Court of Appeal - Commercial Court, June 29, 2018, [2018] EWHC 1712 (Comm)

    1. There is before me today the hearing of two applications. First of all, an application by the Claimants, the first Claimant being the European Union, represented by the European Investment Bank, and the second Claimant being the European Investment Bank (``the Bank''), for permission to apply for summary judgment against the Defendant, which is...

    ... to the SMFA by various methods including e-mail and international courier instructed by the Claimants' solicitors and further copies have also been sent by courier to the Syrian embassies in Vienna, Prague and Brussels. . 35. Set against the background of the Order of Teare J of 2nd February 2018, there has already been found to be valid service of those proceedings for the purpose of the ...

  • US v SR, Court of Appeal - Family Division, January 31, 2014, [2014] EWHC 175 (Fam)

    1. This matter was listed before me as a 10 day fixture commencing on 14 October 2013 with two days allowed for judicial reading time. The litigation flows from cross-applications for financial remedy orders. The Applicant, US (``the Husband''), issued his application in May 2011. The Respondent, SR (``the Wife''), issued her application som...

    ...94. Initially, the property was rented to commercial tenants at c. US$6,500 per month. By 2009, the rental yield had fallen to c. US$4,000 per month. ...110. When the Husband left later in March 2010 to travel to Vienna, the Wife says she found amongst his papers an email written nine days earlier to one of his ...

  • Gold Reserve Inc v The Bolivarian Republic of Venezuela, Court of Appeal - Commercial Court, February 02, 2016, [2016] EWHC 153 (Comm)

    1. This is an application by the Defendant, the Republic of Venezuela (``Venezuela''), to set aside an order of this court made ex parte on documents alone granting leave to the Claimant, Gold Reserve Inc. (``GRI''), to enforce an arbitration award in the same manner as a judgment of this court and giving judgment in the terms of the award. 2. The...

    ...It is common ground that the proper approach to interpretation of the BIT is to have reference to Articles 31 and 32 of the Vienna Convention on the Law of Treaties which provide: . ``Article 31. GENERAL RULE OF INTERPRETATION. 1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to ...

  • Glencore Energy UK Ltd & Anor v Freeport Holdings Ltd, Court of Appeal - Commercial Court, December 21, 2017, [2017] EWHC 3348 (Comm)

    1. In this action the Claimants (``Glencore'') claim as the purported owners of a cargo of about 62,250 m.t. of fuel oil against the Defendant (``the Owners'') as owners of the vessel ``Lady M'' (``the Vessel''). The claim arises out of a fire which started inside the engine control room of the Vessel in the early hours of 14 May 2015 while the Ve...

    ...(1) The Hague Rules as convention treaty obligations are subject to Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties. As such the primary duty of the Court under Article 31 is to ascertain the ordinary meaning of the words used, not only in their context but also in the light of ...

  • Hourani v Thomson & Ors, Court of Appeal - Queen's Bench Division, January 20, 2017, [2017] EWHC 56 (QB)

    1. The claimant claims damages and injunctive relief for libel against the first, second, third and fourth defendants and for harassment against all defendants. On 19 June 2014 a demonstration took place outside the claimant's then London home (the ``June Event''). The protesters, who were not genuine protesters, were paid to attend and instructe...

    ... In May 2005 Ms Novikova's husband died in a car accident in Vienna in unknown circumstances. . 12. In May 2007 the Kazakhstan authorities issued an arrest warrant ... seek an injunction to prevent publication of the allegedly confidential and sensitive commercial information. Moreover, the aim of preventing further leaks will only justify an order for ...

  • Revenue and Customs v Smallwood & Anor, Court of Appeal - Civil Division, July 08, 2010, [2010] EWCA Civ 778

    1. This is an appeal by The Commissioners for HM Revenue and Customs (``HMRC'') against a decision of Mann J dated 8th April 2009 ([2009] EWHC 777 (Ch)). He allowed an appeal by Mr and Mrs Smallwood against the decision of the Special Commissioners (Dr A.N. Brice and Dr J.F. Avery-Jones) released on 19th February 2008 who dismissed the taxpayers'

    ... is the general principle of international law, now embodied in article 31(1) of the Vienna Convention on the Law of Treaties, that 'a treaty should be interpreted in good faith and in ...where the key management and commercial decisions are actually made. This is the test propounded by Professor Dr Klaus Vogel in his ...

  • Al-Juffali v Estrada, Court of Appeal - Civil Division, March 22, 2016, [2016] EWCA Civ 176

    1. This is an appeal against the order of Hayden J dated 8 February 2016 dismissing the application of the appellant (``H'') to strike out the claim of the respondent (``W'') for financial relief pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 (``the 1984 Act''). H's application was made on the basis that he was entitled to...

    ...5. The Vienna Convention on Diplomatic Relations (``the VCDR'') codifies the rules for the exchange of embassies ...If private commercial activity by a member of the diplomatic staff of a mission has been taking place in breach of ...

  • Daley v Bakiyev, Court of Appeal - Queen's Bench Division, July 29, 2016, [2016] EWHC 1972 (QB)

    1. In the early hours of the morning of 7 July 2006 Mr Sean Daley, the Claimant, was shot by an unidentified assailant outside his residence in Bishkek, the capital of the Kyrgyz Republic. Of four shots fired, three missed, but one struck him, damaging his internal organs. He was taken to hospital and received life-saving surgery. Some days late...

    ... Talas Gold Mining Company's latest commercial proposals, submitted on 23 May 2006, arrived after the contract with the new investor had already ... . v) Finally, Mr Kolleeny said as follows: . ``Global Gold was registered in the city of Vienna in Austria. I worked out the ownership structure of this company. An arrangement was chosen in ...

  • Perry and others (Appellants) v Serious Organised Crime Agency (Respondent)

    ...1. This is a judgment in two appeals that this Court heard together. They raise issues as to the scope of the powers ... Traffic in Narcotic Drugs and Psychotropic Substances (Vienna, 20 December 1988), the Convention on Laundering, Search, Seizure ... and the Enforcement of Judgments in Civil and Commercial Matters rather than the Scots law of property, which ...

  • Perry and others No. 2 (Appellants) v Serious Organised Crime Agency (Respondent)

    ...1. This is a judgment in two appeals that this Court heard together. They raise issues as to the scope of the powers ... Traffic in Narcotic Drugs and Psychotropic Substances (Vienna, 20 December 1988), the Convention on Laundering, Search, Seizure ... and the Enforcement of Judgments in Civil and Commercial Matters rather than the Scots law of property, which ...