Standard Bank Plc & Anor v Just Group LLC & Ors
2014
COMMERCIAL COURT
United Kingdom
CORAM
- THE HON MR JUSTICE WALKER
Areas of Law
- Contract Law
- Civil Procedure
2014
COMMERCIAL COURT
United Kingdom
CORAM
AI Generated Summary
Standard Bank's claims against UBR were dismissed by the English court due to an exclusive jurisdiction clause favoring Mongolian courts and the determination that England was not the proper forum for the case. Additionally, there was a failure by Standard Bank to disclose the jurisdiction clause, which contributed to the court's decision to set aside the claim service.
Judgment
The Hon Mr Justice Walker:
A. Introduction 1 B. Background and Standard Bank’s claims 10 B1. Background and Standard Bank’s claims: general 10 B2. Background: the parties 11 B3. Background: events before 2007 16 B 3.1 Events before 2007: general 16 B3.2 The UBR supply contract 19 B3.3 The supplementary agreements 22 B3.4 The freight agreement 24 B4. An overview of Standard Bank Group’s involvement 28 B5. Initial involvement of Standard Bank Group 30 B5.1 The 2007 facilities agreement and the February 2007 assignment 30 B5.2 The February 2007 Just UBR notice 32 B5.3 The February 2007 UBR acknowledgement 36 B6. February 2007 to August 2009 40 B7. The EMC supply contract 43 B8. September to November 2009 44 B8.1 September and October 2009 44 B8.2 The 2009 facilities agreement and 2009 assignment agreement 45 B8.3 The 2009 Just UBR notice and the 2009 UBR acknowledgment 47 B8.4 Payments in November 2009 to the Standard Plc nostro account 48 B9. December 2009 to January 2011 50 B9.1 Payments, and an amendment to the 2009 facilities agreement 50 B9.2 The 2010 assignment agreement 51 B9.3 The 2010 Just UBR notice and the 2010 UBR acknowledgment 52 B10. February 2011 to December 2011 55 B10.1 The 2011 facilities agreement and the 2011 assignment agreement 55 B10.2 The 2011 Just UBR notice and the 2011 UBR acknowledgment 57 B10.3 Amendments to the 2011 facilities agreement 58 B10.4 Payments and the August 2011 debt instrument 59 B11. January to March 2012 63 B11.1 The 2012 facilities agreement 63 B11.2 The 2012 Just UBR notice and 2012 UBR acknowledgment 65 B11.3 Payments and deferred payments, January to March 2012 67 B12 April 2012 onwards 70 B12.1 More deferred payments 70 B12.2 “Savings Bank” payments 1 to 3: April to June 2012 71 B12.3 Debt instrument repayment 1: 27 June 2012 78 B12.4 Savings Bank payment 4: July 2012 79 B12.5 Savings Bank payments 5 and 6: August 2012 81 B12.6 Debt instrument repayment 2: 13 August 2012 84 B12.7 The period from September to December 2012 85 B12.8 Standard South Africa and the 2013 facilities agreement 86 B12.9 The pattern continues: January 2013 onwards 88 B13. Termination of the UBR supply contract 94 B14. Default under the amended 2012 facilities agreement 96 C. Serious issue to be tried 97 C1. Serious issue: overview and legal principles 97 C2. The expert evidence of Mongolian law 106 C3. Analysis of UBR’s “serious issue” challenge 114 D. Gateway 123 D1. Gateway: general 123 D2. Gateway (3): legal principles 13