Arbitral Digest

Matter

Artemis Trustees Ltd et al v KBC Partners LP et al (Eastern Caribbean Supreme Court BVIHC (COM) 137 of 2012)

  1. 12 March 2013British Virgin Islands

    12 March 2013British Virgin Islands

    Judgment of the Eastern Caribbean Supreme Court, High Court of Justice, Virgin Islands, Commercial Division in the case BVIHC (COM) 137 of 2012 dated 12 March 2013

    Eastern Caribbean Supreme Court, High Court of Justice, Virgin Islands, Commercial Division

    Case no.
    BVIHC (COM) 137 of 2012
    Decision summary
    The Court granted the defendants' application under section 6(2) of the Arbitration Ordinance 1976 to stay the claim for winding up and dissolution of KBC Partners LP and SCI Partners LP, and for appointment of liquidators, in favour of LCIA arbitration. It held that the dispute fell within the arbitration clauses and that an arbitrator could make an award dissolving and winding up a limited partnership.

    Supporting details

    8 authorities · 14 participants
    Application
    Application for a stay of proceedings in favour of arbitration — Granted
    Artemis Trustees Limited as Trustee of the New Horizon Trust
    Representative
    Jonathan Russen QC (For: Artemis Trustees Limited as Trustee of the New Horizon Trust · Vladimir Ashurov · Artemis Trustees Limited as Trustee of the Gatito Ventures Trust · Atremis Trustees Limited as Trustee of the Bailey Tree Trust · Artemis Trustees Limited as Trustee of the Arcturus Trust · Milica Rakovic)
    Vladimir Ashurov
    Representative
    Jonathan Russen QC (For: Artemis Trustees Limited as Trustee of the New Horizon Trust · Vladimir Ashurov · Artemis Trustees Limited as Trustee of the Gatito Ventures Trust · Atremis Trustees Limited as Trustee of the Bailey Tree Trust · Artemis Trustees Limited as Trustee of the Arcturus Trust · Milica Rakovic)
    Artemis Trustees Limited as Trustee of the Gatito Ventures Trust
    Representative
    Jonathan Russen QC (For: Artemis Trustees Limited as Trustee of the New Horizon Trust · Vladimir Ashurov · Artemis Trustees Limited as Trustee of the Gatito Ventures Trust · Atremis Trustees Limited as Trustee of the Bailey Tree Trust · Artemis Trustees Limited as Trustee of the Arcturus Trust · Milica Rakovic)
    Atremis Trustees Limited as Trustee of the Bailey Tree Trust
    Representative
    Jonathan Russen QC (For: Artemis Trustees Limited as Trustee of the New Horizon Trust · Vladimir Ashurov · Artemis Trustees Limited as Trustee of the Gatito Ventures Trust · Atremis Trustees Limited as Trustee of the Bailey Tree Trust · Artemis Trustees Limited as Trustee of the Arcturus Trust · Milica Rakovic)
    Artemis Trustees Limited as Trustee of the Arcturus Trust
    Representative
    Jonathan Russen QC (For: Artemis Trustees Limited as Trustee of the New Horizon Trust · Vladimir Ashurov · Artemis Trustees Limited as Trustee of the Gatito Ventures Trust · Atremis Trustees Limited as Trustee of the Bailey Tree Trust · Artemis Trustees Limited as Trustee of the Arcturus Trust · Milica Rakovic)
    Milica Rakovic
    Representative
    Jonathan Russen QC (For: Artemis Trustees Limited as Trustee of the New Horizon Trust · Vladimir Ashurov · Artemis Trustees Limited as Trustee of the Gatito Ventures Trust · Atremis Trustees Limited as Trustee of the Bailey Tree Trust · Artemis Trustees Limited as Trustee of the Arcturus Trust · Milica Rakovic)
    KBC Partners LP
    Representative
    Ian Mill QC (For: KBC Partners LP · SCI Partners LP · Salford Capital Partners Inc.)
    SCI Partners LP
    Representative
    Ian Mill QC (For: KBC Partners LP · SCI Partners LP · Salford Capital Partners Inc.)
    Salford Capital Partners Inc.
    Representative
    Ian Mill QC (For: KBC Partners LP · SCI Partners LP · Salford Capital Partners Inc.)
    Eugene Jaffe
    Giorgi Bedineishvili
    Eastern Caribbean Supreme Court, High Court of Justice, Virgin Islands, Commercial Division

    Authorities cited

    8
    • In the Matter of Wine Inns Ltd ([2000] NICA 15)
      case law
    • Stillman v Attorney General (BVIHCV(COM) 2011/96)
      case law
    • Zanotti v Interlog Finance Corp (BVIHCV 2009/0394)
      case law
    • Fulham Football Club (1987) Ltd v Richards ([2011] EWCA Civ 855)
      case law
    • Arbitration Ordinance 1976 (Cap 6)
      statute
    • Partnership Act 1976
      statute
    • Companies Act (Cap 285)
      statute
    • Insolvency Act 2003
      statute

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Artemis Trustees Ltd et al v KBC Partners LP et al (Eastern Caribbean Supreme Court BVIHC (COM) 137 of 2012) · Matter