Trans-Oil International SA v (1) Savoy Trading LP (2) Ivan Melnykov [2020]

Trans-Oil International SA v (1) Savoy Trading LP (2) Ivan Melnykov [2020] EWHC 57 — 16 January 2020 (Moulder J)

“Savoy failed to perform a contract for the sale of wheat to Trans-Oil, who commenced GAFTA arbitration against Savoy and obtained a world-wide freezing order (WWFO) against them. Trans-Oil sought to have the WWFO extended to include Mr Melnykov but the Court held that it had no jurisdiction to do so, Trans-Oil having failed to show that he was a party to the contract, personally liable on it, the real principal, or a 'necessary and proper party' to the arbitration, or that he would dissipate Savoy's assets in the jurisdiction. Trans-Oil also failed to establish that Mr Melnykov was a de facto director/principal of Savoy, such as would allow the Court to add him to the penal notice of the WWFO.”

Louise Glover - Christina Voulgaraki
E. G. Arghyrakis & Co.
22nd January 2020