Banco Nacional de Comercio Exterior SNC v Empresa de Telecommunicaciones de Cuba SA

Subject Matter

CONFLICT OF LAWS — Jurisdiction under Council Regulation — Provisional and protective measures — Worldwide freezing order — Foreign judgment registered in England — Worldwide freezing order to assist enforcement of foreign judgment — Whether court having jurisdiction to grant — Council Regulation (EC) No 44/2001, art 47

[2007] 2 All ER (Comm) 46

INJUNCTION — Freezing order — Jurisdiction — Claimant seeking domestic and worldwide injunctions to enforce foreign judgment — Whether jurisdiction to grant worldwide order pursuant to Council Regulation — Whether inexpedient in circumstances to grant order pursuant to domestic legislation — Whether requirement for domestic order to include undertaking as to third party losses — Civil Jurisdiction and Judgments Act 1982, s 25(2) (as amended by Civil Jurisdiction and Judgments Act 1991, s 3, Sch 2, para 12) — Council Regulation (EC) No 44/2001, art 47

[2008] 1 WLR 1936; [2008] Bus LR 1265

Appellate History

Commentary

Blackstones Civil Practice 2023
American Cyanamid Guidelines - Undertakings in damages 37.25

Freezing Injunctions after Judgment 38.42

Conditions for Granting Freezing Injunctions - Injunctions in support of foreign proceedings 38.6