This is an extract of our Re The Enforcement Of An Anti Suit Injunction document, which we sell as part of our Conflict of Laws BCL Notes collection written by the top tier of Oxford students.
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Before the German Court of Appeal FACTS In action brought by the petitioner against Mr G.1 on 26 September 1995 the Senior Master of the Supreme Court of Justice requested the service of the following documents on Mr G. pursuant to the Hague Convention on the Service Abroad of Judicial and ExtraJudicial Documents in Civil and Commercial Matters ("the Hague Convention"):
originating summons; amended summons; order of Mr Justice T…, first and second affidavits of W.F.P.; exhibits; translations; duplicates.
The petitioner had sought a declaration from the said court in London that a dispute which has arisen between the petitioner and Mr G. out of an agreement dated 28 July 1994 can only be heard before the London Court of International Arbitration. The order of Mr Justice T. is an order of 6 September 1995 (which does not set out the grounds on which it is based) containing (according*322 to the translation produced by the petitioner), inter alia, certain injunctions whereby Mr G. was to be prohibited from: (a) continuing the claim which he had brought against the petitioner before the Landgericht (District Court) Krefeld (b)…. (c) …. By a ruling dated 19 October 1995 the German Central Authority returned the request of 26 September 1995 without taking action, on the grounds that, in so far as the order of 6 September 1995 contained an interlocutory injunction addressed to the person on whom service was to be effected, service was likely to infringe the sovereignty of Germany. The petitioner here prays that the respondent be ordered to grant the request of the Senior Master of the Supreme Court of Justice …
of 26 September 1995 for service by way of mutual assistance in civil matters pursuant to the Hague Convention. HOLDING
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