26th November 2020
In ETC Export Trading Company SA v APLAS Importer & Berhan Bank SC [2020] EWHC 3229 (QB) (26 November 2020), James Watthey (instructed by a multi-jurisdictional team from Baker & McKenzie LLP) obtained an urgent without notice injunction after an out of hours hearing on Microsoft Teams before Pepperall J. In order to preserve the status quo and safeguard the integrity of London arbitration, the Judge ordered Aplas Importer to refrain from calling upon a guarantee issued under a commodities trading contract and ordered Berhan Bank not to pay under it or call upon the related counter guarantee.
The full judgment is available online.
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