Lloyd's Law Reports Plus

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

SPLIETHOFF'S BEVRACHTINGSKANTOOR BV v BANK OF CHINA LTD

[2015] Lloyd's Rep Plus 46

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mrs Justice Carr

Banking - Guarantees - Performance bonds - Guarantees in respect of contract - Effect of finding of fraud under the substantive contract by court in China - Illegality - Guarantees but not contracts containing English law and arbitration clause - Submission to foreign jurisdiction and effect of anti-suit injunction - Public policy - Estoppel by representation - Estoppel by Convention - Stay of enforcemen - Civil Jurisdiction and Judgments Act 1982, sections 32 and 33 - CPR 83.7(4).

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