AK Investment CJSC v Kyrgyz Mobil Tel Ltd
| Jurisdiction | UK Non-devolved |
| Judge | LORD COLLINS |
| Judgment Date | 10 March 2011 |
| Neutral Citation | [2011] UKPC 7 |
| Date | 10 March 2011 |
| Docket Number | Appeal No 0064 of 2009 |
| Court | Privy Council |
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396 cases
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Airbus S.A.S. v Generali Italia S.p.A.
...arguable. This is well established, as Lord Collins of Mapesbury explained in Altimo Holdings & Investment Ltd v Kyrgyz Mobil Tel Ltd [2011] UKPC 7, [2012] 1 WLR 1804 at [81]: “A question of law can arise on an application in connection with service out of the jurisdiction, and, if th......
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Apex Global Management Ltd (Petitioner) v Fi Call Ltd and Others
...PLC v. Nutritrek International Corp [2013] 2 WLR 398, per Lord Clarke at paragraph 164 and AK Investment CJSC v. Kyrgyz Mobil Tel Ltd [2012] 1 W.L.R. 1804 (Privy Council) per Lord Collins at paragraph 71. It is also common ground that the second requirement that a good arguable case be sho......
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1) Iiyama (UK) Ltd and Others v 1) Samsung Electronics Company Ltd and Others
...principles are settled. They were summarised by Lord Collins of Mapesbury in Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Ltd [2012] 1 WLR 1804 at [71] and were recently applied in Erste Group Bank AG v JSC "VMZ Red October" [2015] EWCA Civ 379. I need to consider whether: (1) th......
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Enreach UK Ltd v Inreach Group Ltd
...Ventures Ltd. 181 This point was also commented upon by Lord Collins JSC in Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Ltd [2012] 1 WLR 1804, who said at [1825]: The general rule is that it is not normally appropriate in a summary procedure (such as an application to strike out ......
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12 firm's commentaries
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Enforcement of Foreign Judgments Comparative Guide
...404 at 432 [136] to 432 [137]. Ultimately, the law of England changed in Altimo Holdings and Investment Ltd v Kyrgz Mobile Tel Limited [2011] 4 All ER 1027 at 1057 [115], so that new evidence would be required for both domestic and foreign judgments. While this change is not binding on Aust......
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IP Bulletin - February 2014
...jurisdiction should stand. The test for service out involved three requirements (following AK Investment CJSC v Kyrgyz Mobile Tel Ltd [2012] 1WLR 1804): the claimant must satisfy the court that in relation to the foreign defendant there is a serious issue to be tried; that there is a good a......
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High Court Assists Alleged Victim Of Crypto-Theft To Seek Recovery
...In doing so, the court adopted the test emanating from the Privy Council in Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Ltd [2011] UKPC 7 at [71] per Lord Collins, which identified the following that there be a "serious issue to be tried on the merits"; that "there was a good argu......
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Service Out Of The Jurisdiction: BVI Case Update
...management of these gateways and strategic advice from the outset remains key to ensuring that costs are sensibly incurred. Footnotes 1 [2011] UKPC 7 2 [2011] UKPC 6 2 [2011] UKPC 6 The content of this article is intended to provide a general guide to the subject matter. Specialist advice s......
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7 books & journal articles
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CONTEMPT ORDERS AND JUDICIAL “ATTACHMENT” OF EQUITABLE PROPERTY
...see also The Republic of the Philippines v Maler Foundation[2014] 1 SLR 1389; Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Ltd[2011] UKPC 7; [2012] 1 WLR 1804. 45 The doctrine does not apply where the only issue is whether certain acts have occurred. See Yukos Capital Sarl v OJSC R......
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CROSS-BORDER INSOLVENCY AND ITS IMPACT ON ARBITRATION
...Judgments and Insolvency” (Jones Day Professorship of Commercial Law Lecture, 2013). 120 AK Investment CJSC v Kyrgyz Mobil Tel Ltd [2011] UKPC 7; [2012] 1 WLR 1804 at [101], cited in Adrian Briggs, “Rubin and New Cap: Foreign Judgments and Insolvency” (Jones Day Professorship of Commercial ......
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RATIONALISING AND SIMPLIFYING THE PRESUMPTION OF SIMILARITY OF LAWS
...forum. 60 The requirements were recently restated by Lord Collins of Mapesbury in Altimo Holdings & Investment Ltd v Kyrgiz Mobil Tel Ltd[2011] UKPC 7; [2012] 1 WLR 1804 at [71]. First, in relation to the foreign defendant there must be a serious issue on the merits to be tried. Second, the......
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The Recognition, and Res Judicata Effect, of a United States Class Actions Judgment in England: A Rebuttal of V
ivendi
...vB ayat [2010] EWHC 641 (Comm) at [23],[144]; Cherney vDeripaska [2009] EWCA Civ 849 at [20]; AK Investment CJSC vKyrgyz MobilTelLtd [2011] UKPC 7 at [5].203 Rubin n 170 above at [37] perWard LJ, citing Beals, n 194 above.204 [2006] IEHC 193 at [5.9], [5.15]–[5.18] per Clarke J.205 The Guid......
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