Boru Hatlari AS & Ors v Tepe Insaat Sanayii AS (Jersey) [2018]

Judicial Committee of the Privy Council
Written By Louise Glover

Boru Hatlari AS & Ors v Tepe Insaat Sanayii AS (Jersey) [2018] UKPC 31 — 22 October 2018 (Mance LJ, Sumption LJ, Reed LJ, Lloyd-Jones LJ, Briggs LJ)

“Tepe obtained arbitration awards against (Turkish-State owned) Bota§ for amounts over USD100m in respect of work on the Baku-Tbilisi-Ceyhan oil pipeline. By way of enforcement, Tepe obtained interim orders from the Jersey Courts over shares held by…

“Tepe obtained arbitration awards against (Turkish-State owned) Bota§ for amounts over USD100m in respect of work on the Baku-Tbilisi-Ceyhan oil pipeline. By way of enforcement, Tepe obtained interim orders from the Jersey Courts over shares held by Bota§ in two Jersey subsidiaries. The Privy Council heard Bota§' appeal on the grounds of State Immunity and concluded that the shares were neither "property" of the Turkish State nor sufficiently controlled by the State as to qualify for immunity under the relevant statutes.”

Louise Glover
E. G. Arghyrakis & Co.
01st November 2018

Louise Glover
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