Matter
Donna Union Foundation v Koshigi Limited
British Virgin Islands proceedings concerning freezing orders, insolvency and asset preservation in a dispute involving Donna Union Foundation and Koshigi.
Procedural record
- 7 February 2018British Virgin Islands
7 February 2018British Virgin Islands
Freezing order of 7 February 2018
Eastern Caribbean Supreme Court, High Court of Justice
- Decision summary
- The court granted a freezing order against the relevant assets of the KS Shareholders.
Participants
Eastern Caribbean Supreme Court, High Court of Justice
- Judge
- Chivers J
1 month later · 28 days
- 7 March 2018British Virgin Islands
7 March 2018British Virgin Islands
Continuation of freezing order of 7 March 2018
Eastern Caribbean Supreme Court, High Court of Justice
- Decision summary
- The court continued the freezing order against the relevant assets of the KS Shareholders.
Participants
Eastern Caribbean Supreme Court, High Court of Justice
- Judge
- Chivers J
16 days later · 16 days
- 23 March 2018Arbitration
23 March 2018Arbitration
LCIA award on liability dated 23 March 2018
London Court of International Arbitration
- Decision summary
- The tribunal directed the KS Shareholders to acquire Donna Union Foundation's shareholding in Ulmart Holdings Ltd at a price to be determined using a historic valuation basis.
Participants
Donna Union Foundation
Koshigi Limited
Svoboda Corporation Inc.
London Court of International Arbitration
3 months and 23 days later · 115 days
- 16 July 2018Arbitration
16 July 2018Arbitration
LCIA Second Partial Final Award on quantum dated 16 July 2018
London Court of International Arbitration
- Decision summary
- The tribunal ordered the KS Shareholders to buy Donna Union Foundation's shares in Ulmart Holdings Ltd for US$67,159,546.
Participants
Donna Union Foundation
Koshigi Limited
Svoboda Corporation Inc.
London Court of International Arbitration
- Arbitrator
- Barbara Dohmann QC
- Arbitrator
- Michael Collins SC
- Arbitrator
- John Beechey CBE
3 days later · 3 days
- 19 July 2018British Virgin Islands
19 July 2018British Virgin Islands
Judgment dated 19 July 2018
Eastern Caribbean Supreme Court, High Court of Justice
- Decision summary
- The court found that a continuing risk of dissipation existed in relation to the assets of the KS Shareholders.
Participants
Donna Union Foundation
Koshigi Limited
Svoboda Corporation Inc.
Eastern Caribbean Supreme Court, High Court of Justice
- Judge
- Adderley J
1 month later · 31 days
- 19 August 2018Arbitration
19 August 2018Arbitration
LCIA Tribunal Order dated 19 August 2018
London Court of International Arbitration
- Decision summary
- The tribunal amended the mechanism for closing the share-transfer transaction in paragraphs 3 to 6 of the Second Partial Final Award.
Participants
Donna Union Foundation
Koshigi Limited
Svoboda Corporation Inc.
London Court of International Arbitration
1 month and 29 days later · 60 days
- 18 October 2018Arbitration
18 October 2018Arbitration
LCIA Tribunal Order dated 18 October 2018
London Court of International Arbitration
- Decision summary
- The tribunal refused to make paragraphs 3 to 6 of its 19 August 2018 Order into a formal award.
Participants
Donna Union Foundation
Koshigi Limited
Svoboda Corporation Inc.
London Court of International Arbitration
2 months and 30 days later · 91 days
- 17 January 2019British Virgin Islands
17 January 2019British Virgin Islands
Court of Appeal judgment of 17 January 2019
Eastern Caribbean Court of Appeal
- Decision summary
- The Court of Appeal dismissed the appeals by Koshigi Limited and Svoboda Corporation Inc. and ordered the KS Shareholders to pay the appeal costs.
Participants
Koshigi Limited
- Representative
- Mr Midwinter (For: Koshigi Limited)
Svoboda Corporation Inc.
Eastern Caribbean Court of Appeal
2 months and 3 days later · 62 days
- 20 March 2019British Virgin Islands
20 March 2019British Virgin Islands
Hadkinson Application judgment of 20 March 2019
Eastern Caribbean Supreme Court, High Court of Justice
- Decision summary
- The court dismissed Donna Union Foundation's Hadkinson Application.
Participants
Donna Union Foundation
Koshigi Limited
Svoboda Corporation Inc.
Eastern Caribbean Supreme Court, High Court of Justice
- Judge
- Green J
1 month and 3 days later · 34 days
- 23 April 2019Arbitration
23 April 2019Arbitration
LCIA Third Final Award on Costs and Interest dated 23 April 2019
London Court of International Arbitration
- Decision summary
- The tribunal ordered the KS Shareholders to pay 75% of Donna Union Foundation's legal costs, amounting to US$5,645,000 plus UK£526,527.17 and interest at the US$12-month LIBOR rate plus 5% compounded quarterly.
Participants
Donna Union Foundation
Koshigi Limited
Svoboda Corporation Inc.
London Court of International Arbitration
- Arbitrator
- Barbara Dohmann QC
- Arbitrator
- Michael Collins SC
- Arbitrator
- John Beechey CBE
21 days later · 21 days
- 14 May 2019British Virgin Islands
14 May 2019British Virgin Islands
Judgment of the Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division) in the case BVIHC (COM) 231 of 2018 dated 14 May 2019
Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division)
- Decision summary
- The court found Koshigi Limited balance-sheet insolvent, appointed Paul Pretlove of Kalo (BVI) Limited as its liquidator, and ordered costs payable to the applicant and liquidator from the company's assets.
Participants
Donna Union Foundation
- Representative
- Mr Edmund King QC (For: Donna Union Foundation)
- Representative
- Mr Andrew Willins (For: Donna Union Foundation)
- Representative
- Appleby (For: Donna Union Foundation)
Koshigi Limited
- Representative
- Ms Tameka Davis (For: Koshigi Limited)
- Representative
- Mr Mark Forte (For: Koshigi Limited)
- Representative
- Conyers (For: Koshigi Limited)
Svoboda Corporation Inc.
- Representative
- Mr Robert Nader (For: Svoboda Corporation Inc.)
Eastern Caribbean Supreme Court, High Court of Justice (Commercial Division)
- Judge
- The Hon Mr Justice K. Neville Adderley
Other
- Expert
- Lord Hoffmann
- Expert
- Mr Gary B Born