Gidrxslme Shipping Company Ltd v Tantomar Transporters Maritimos Ltd

JurisdictionEngland & Wales
CourtQueen's Bench Division
Judgment Date11 May 1994

Queen's Bench Division

Before Mr Justice Colman

Gidrxslme Shipping Co Ltd
and
Tantomar Transporters Maritimos Ltd

Arbitration - disclosure order - assets outside U.K.

Disclosure order outside UK

The fact that Mareva injunction, restraining a party's dissipation of his assets, was restricted to assets within the jurisdiction did not prevent a disclosure order in support, and aimed to facilitate execution of an arbitration award, being applicable outside the jurisdiction.

Mr Justice Colman so held sitting in the Queen's Bench Division when refusing the application of the respondent charterers, Tantomar Transporters Maritimos Ltd, to vary the disclosure order granted to the owners, Gidrxslme Shipping Co Ltd, to restrict its ambit to disclosure of assets within the jurisdiction.

Mr David Bailey for the owners; Mr Nigel Jacobs for the charterers.

MR JUSTICE COLMAN said that arbitration of disputes concerning a charterparty had resulted in two final interim awards and the commencement of a third arbitration. An application to extend a Mareva injunction to a worldwide basis had been refused.

The function of the disclosure order was not to establish that the defendant had assets within the jurisdiction but to ascertain their precise whereabouts and extent.

Where one had the position that a judgment had already been obtained or an award made, and where a Mareva injunction in aid of execution was justified, the jurisdiction to make the disclosure order arose both as a...

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  • Cross‐border asset protection: an offshore perspective
    • United Kingdom
    • Journal of Financial Crime Nbr. 10-3, July 2003
    • 1 Julio 2003
    ...CA.(130) See Derby & Co. Ltd v Weldon [1990] Ch 48 at p. 55, CA.(131) Gidrxslme Shipping Co. v Tantomar-Transportes Maritimos Lda[1994] 4 All ER 507, QBD.(132) Deutsche Bank AG v Murtagh [1995] 1 ILRL 381 (HighCourt).(133) Mooney v Orr [1995] 1 WWR 517 (Supreme Court).(134) Maugher v VH......

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