Rosseel N.v v Oriental Commercial Shipping (U.K.) Ltd
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE PARKER |
| Judgment Date | 31 July 1990 |
| Judgment citation (vLex) | [1990] EWCA Civ J0731-9 |
| Docket Number | 90/0731 |
| Court | Court of Appeal (Civil Division) |
| Date | 31 July 1990 |
[1990] EWCA Civ J0731-9
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
(MR. JUSTICE HIRST)
Royal Courts of Justice
The Master of The Rolls
(Lord Donaldson)
Lord Justice Parker
90/0731
MR. RICHARD MILLETT (instructed by Messrs. Baker & McKenzie) appeared for the Applicants (Plaintiffs).
This is an appeal from a refusal of Mr.Justice Hirst to grant worldwide Mareva relief in support of a New York arbitration award made last month which the plaintiffs are seeking to enforce in this country under section 3 of the Arbitration Act 1975, the United States of America being a Convention country.
There was no difficulty, so far as the learned judge was concerned, in granting a Mareva injunction in respect of assets of the defendants in this country but, when it came to granting a wider injunction, he said this:
"With regard to the application for a worldwide mareva, the court clearly has power ( Babanaft 1988 2 Lloyds p. 435) to make such an order. If it was a case of enforcing an English judgment it would have followed Babanaft. If it were an English arbitration award then it would seem the same applies but this concerns the 1975 Act. What has been asked is to enforce the award in England and Wales and I am not persuaded to enforce a New York arbitration award beyond England and Wales. The appropriate court is the New York court or the foreign court where assets are to be found and therefore I will not carry this order beyond [the jurisdiction]. I will however order an affidavit of all the UK assets."
That was an exercise of discretion and that, of course, is an obstacle to an appeal against the learned judge's decision. But I am bound to say that, in my view, he was abundantly right. I say that because, as it seems to me, there is all the difference in the world between proceedings in this country, whether by litigation or by arbitration, to determine rights of parties on the one hand, and proceedings in this country to enforce rights which have been determined by some other court or arbitral tribunal outside the jurisdiction.
Where this court is concerned to determine rights then it will, in an appropriate case, and certainly should, enforce its own judgment by...
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