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Jurisdiction of the court over a foreign company (JSC BTA Bank v Ablyazov & Ors)

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Published on: 15 October 2012

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Court details
Facts
Judgment

Article summary

The Commercial Court has considered the application of the art 22(2) of the Judgments Regulation which provides that the home court of a company has exclusive jurisdiction in relation to that company when dealing with the constitution and validity of actions of the company. If an application is made in respect of a company in proceedings to assist it being able to defend itself in the proceedings then the provision of the Judgments Regulation does not apply and the court hearing the main proceedings has the jurisdiction to hear the application. In this case, an order was sought and granted for a Litigation Receiver to be appointed over a Cypriot company to enable it to be represented as a defendant in the long-running dispute between the Kazakhstan bank and its former managing director.

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