TRAFIGURA BEHEER BV v KOOKMIN BANK CO
[2006] Lloyd's Rep Plus 78
QUEEN’S BENCH DIVISION(COMMERCIAL COURT)
Before Mr Justice Aikens
Banking – Letter of credit – Issuing bank commencing
proceedings against seller in Korea for breach of duty – Seller seeking
declaration of non-liability and anti-suit injunction in England – Law
governing claim by issuing bank against seller – Whether claim “relating to
tort” – Place where most significant elements constituting the tort occurred –
Whether claim more closely connected with some other jurisdiction – Private International Law (Miscellaneous
Provisions) Act 1995, sections 9, 11 and 12.