DADOURIAN GROUP INTERNATIONAL INC v SIMMS AND OTHERS

[2009] 1 Lloyd's Rep. 601

COURT OF APPEAL

Before Lady Justice Arden, Lady Justice Hallett and Mr Justice Blackburne

Option to purchase goods — Fraudulent misrepresentation by intermediary as to his interest in the purchaser — Failure by purchaser to open letter of credit — Arbitrator finding that purchaser was in breach of contract and that there had been fraudulent misrepresentation on its behalf — Award not honoured — Proceedings brought in England by seller against controllers of purchaser — Whether controllers implicated in the fraud — Effect of arbitration award on controllers — Measure of damages — Whether worldwide freezing orders should be discharged.