||All England Reporter
|| All ER (D) 28 (Dec)
|| EWHC 3089 (Comm)
||Queen's Bench Division, Commercial Court
Sara Cockerill QC sitting as a Deputy Judge of the High Court
||James Watthey (instructed by TLT LLP) for the claimants.
||Henry Byam-Cook (instructed by Holman Fenwick Willan LLP) for the defendants.
||1 December 2016
Conflict of laws - Jurisdiction - Challenge to jurisdiction - Claimant banks entering into facility agreement with first, second and third defendants - Fourth and fifth defendants giving personal guarantees - Facility agreement being amended and restated - Facility agreements and guarantees being governed by English law - First defendant defaulting - Claimants serving acceleration notices under Indian law - Defendants making securitisation application to Indian tribunal - Claimants commencing proceedings in English court - Whether English court having jurisdiction - Whether English proceedings should be stayed - CPR 3.10, 6.3, Pt 11.
Conflict of laws Jurisdiction. The Queen's Bench Division, in dismissing the defendants' application for the court to decline jurisdiction, held that it had jurisdiction to entertain a claim brought by the claimants as lenders against the defendant borrowers and guarantors pursuant to facility agreements and guarantees. The court held that the enforcement proceedings which had been lodged in India were not substantive debt proceedings and therefore, were not parallel to the present proceedings lodged in the English court.
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