Enron Metals and Commodity Ltd ((in Administration)) v HIH Casualty and General Insurance Ltd
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Judgment Date | 10 March 2005 |
| Neutral Citation | [2005] EWHC 485 (Ch) |
| Date | 10 March 2005 |
CHANCERY DIVISION
Before Mr Justice Pumfrey
Enron Metals and Commodity Ltd (in Administration)
and
HIH Casualty and General Insurance Ltd
Arbitration - stay of court proceedings - court can consider merits of claim sought to be arbitrated
Court can consider merits of claim sought to be arbitrated
The statutory discretion allowing proceedings to be commenced against a company in provisional liquidation extended to the assessment of the merits of a claim sought to be raised before arbitrators.
Mr Justice Pumfrey so held in the Chancery Division when dismissing the application of Enron Metals and Commodity Ltd (in administration), brought under section 130(2) of the Insolvency Act 1986, for...
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7 cases
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Bundeszentralamt Für Steuern (being the Federal Central Tax Office of the Federal Republic of Germany) v Richard Heis
...is an important, though not conclusive, one. 64 Thus, in Enron Metals & Commodity Ltd v HIH Casualty & General Insurance Limited [2005] EWHC 485 (Ch), Pumfrey J said, at [4]: “[F]airness in this context is fairness in the context of the provisional liquidation or liquidation as a wh......
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Algosaibi Bros v Saad Invs
...Futures, Re, [1989] BCLC 371; (1988), 5 BCC 223, referred to. (11) Enron Metals & Commodity Ltd. v. HIH Casualty & Gen. Ins. Ltd., [2005] EWHC 485 (Ch), applied. (12) Euro Bank Corp., In re, 2001 CILR 517, referred to. (13) Four Pte. Invs. Funds v. Lomas, In re Lehman Bros. Intl. (Europe), ......
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Larsen Oil and Gas Pte Ltd v Petroprod Ltd
...provision as applying to arbitral proceedings as well (see Enron Metals & Commodity Limited v HIH Casualty & General Insurance Limited [2005] EWHC 485 (Ch)). In In re Atlantic Computer Systems Plc [1992] 2 WLR 367 (“Re Atlantic”), the Court of Appeal held that the stay should only be lifted......
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Ahmad Hamad Algosaibi and Brothers Company Plaintiff v Saad Investments Company Ltd Maan Al-Sanea and Others Defendants
...in the case. 109 I accept, as Justice Pumfrey observed in Enron Metals and Commodity Ltd, v HIH Casualty and General Insurance Limited [2005] EWHC 485 (Ch) that: �� fairness in this context is fairness in the context of the provisional liquidation or liquidation as a whole, and the ascertai......
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