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Injunction restraining enforcement of section 1782 order lifted (Dreymoor Fertilisers Overseas v EuroChem Trading)

Published on: 28 August 2018
Published by: LexisPSL
  • Injunction restraining enforcement of section 1782 order lifted (Dreymoor Fertilisers Overseas v EuroChem Trading)
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Article summary

Arbitration analysis: Mr Justice Males in the Commercial Court refused to continue what was, in effect, an anti-enforcement injunction restraining the defendants from enforcing an order obtained from a US district court, pursuant to section 1782(a) of Title 28 of the United States Code (section 1782), requiring a former director of the claimant to disclose documents in his possession and to provide evidence by way of deposition for the purposes of court proceedings in Cyprus and the British Virgin Islands. The claimant argued that the 1782 order would interfere with the effective preparation of its case in a pair of London arbitrations and constituted an infringement of its legal and equitable rights. The judge concluded, among other matters, that it would not be unconscionable for the defendants to enforce the order. or take a trial to read the full analysis.

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