Undisclosed principal, conflict of laws and foreign attachment order (National Bank of Kazakhstan v Bank of New York Mellon SA/NV London)

Table of contents

• What are the practical implications of this case?
• What was the background in this case?
• What did the court decide?
• Case details

Article summary

Commercial analysis: Inferring agency in absence of express words—the court considered the interplay between the foreign law of that relationship and English law and which governed the particular contract entered into by the alleged agent. The court decided that agency had not been established. In particular, the fact that a number of factors relied on as indicating agency were consistent with an agency relationship did not mean that such a relationship was established. Written by Richard B Ritchie, barrister, XXIV Old Buildings, Lincoln’s Inn.