Following s.67 challenges to 2 LCIA awards arising out of a JV development of slum-clearance land known as the “Santacruz Project” in Mumbai, only one of which was successful before Mr Justice Andrew Smith ([2012] EWHC 3702), Mr Justice Field granted the Claimant an order requiring the Defendants to disclose their assets worldwide in aid of execution. The Claimant (Cruz City) relied upon the Court of Appeal’s decision in Maclaine Watson & Co v International Tin Council (No. 2) [1989] 1 Ch 286 and on Colman J’s judgment in The Naftilos [1995] 1 WLR 299. Mr Justice Field rejected the Defendants’ submission that the Supreme Court’s decision in Masri [2008] UKHL 43 meant those decisions were no longer good law, and granted the worldwide disclosure of assets order in line with the Court’s policy that arbitral awards should be enforced. Mr Justice Field also rejected the Defendants’ application to set aside orders permitting alternative service on the Defendants at the London office of the solicitors who acted for them in the arbitrations and for the purposes of the s.67 challenges, and upheld the Commercial Court’s invariable practice of permitting alternative service in respect of arbitration claims concerning arbitrations seated in the jurisdiction, under PD 62 para 3.1.
David Wolfson QC and Nehali Shah appeared for Cruz City in relation to the s.67 challenges and for the application for disclosure of assets.
The full text of the judgment is now available for download.