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West Tankers has no application in English/ Indian proceedings
Practical Law UK Legal Update Case Report 1-385-9205 (Approx. 6 pages)
West Tankers has no application in English/ Indian proceedings
by PLC Dispute Resolution
| Published on 12 May 2009 • England, Wales |
An update on Roger Shashoua and others v Mukesh Sharma [2009] EWHC 957 (Comm), in which the court considered the impact of the West Tankers decision in English/Indian proceedings.
NB: On 13 January 2010, Rix LJ granted permission to appeal this decision on the limited basis "as to whether the anti-suit injunction ordered below is entitled to extend, expressly or in effect, to preventing Mr Sharma defending, in India or elsewhere under the provisions of Article 5 of the New York Convention or equivalent provisions in national law, the enforcement or recognition of awards obtained against him or to be obtained against him by the respondents herein, or is entitled to render the ability of making such defence conditional upon a successful application to the English court." See Shashoua & Anor v Sharma [2010] EWCA Civ 15.